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

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

Punishment of the crime

On August 1, 2011, the Defendant received a summary order of KRW 1.5 million from the Jung-gu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and from the same court on August 24, 2012 to a fine of KRW 3.5 million for a violation of the Road Traffic Act.

On October 5, 2016, around 22:28, the Defendant driven Bex ES330 automobiles in the state of alcohol with approximately 100 meters alcohol content 0.071% from 100 meters away from the front day of the Dong-Eup Park, Seocheon-gu, Seoul Special Metropolitan City to the front day of the Dong-Eup Park.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The punishment as ordered shall be determined by taking into account the Defendant’s age, family relation, background leading to the instant crime, alcohol concentration in blood, interval between already punished drinking driving and time interval, etc. with the reason of sentencing under Article 62-2 of the Criminal Act;