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

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

Punishment of the crime

[criminal power] On January 3, 2008, the Defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act at the Seoul Central District Court, and on September 17, 2010, to a suspended sentence of two years for imprisonment with labor for the same crime at the same court.

【Criminal Facts】

On October 12, 2015, the Defendant: (a) around 03:54 on October 12, 2015, while under the influence of alcohol by 0.102% of alcohol concentration, the Defendant driven a car from around the first place of the New-ri Hyundai Empid Gaon World to the front day of the Taenam-gu Division-dong, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control of drinking driving and the state of drinking drivers;

1. On-site photographs;

1. The application of the Act and subordinate statutes to references to criminal records and investigation reports (previous and verification);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;