A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 12, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Central District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on October 21, 201, a fine of KRW 2 million for the same crime at the Seoul Southern District Court.

On October 06, 2012, at around 01:05, the Defendant driven a DNA-learning car owned by Category C from the front side of the National Science Investigation Institute of Yangcheon-gu Seoul, Yangcheon-gu to the front side of the Hanyang oil station located in 1287-3, 1,000, in a state of alcohol of 0.123 percent of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the state of drinking practice, the appraisal report, and the report on the proper driving of a drinking driver;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Da14448