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

The Defendant is a person who was sentenced to a fine of KRW 1.5 million in Seoul Southern District Court on January 16, 2013, and a fine of KRW 5 million in the same court on March 23, 2015 and was sentenced to a fine of KRW 5 million in the same crime on at least two occasions.

On December 3, 2016, the Defendant, while under the influence of alcohol content of 0.103% among the blood transfusions, driven a BWstar motor vehicle at the section of about 10km from the front of the Gangseo-gu Seoul Metropolitan Government Gangseo-ro 56 Na-ro 110, Jin Apartment-ro 110, to the front of the 620-ro, Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Investigation report on the actual condition of a traffic accident, photographs of the scene of the accident and the accident vehicle, confirmation of the measurement of drinking, a statement report on the situation of the driver taking the driving, and the ledger of

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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;

1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures: There is no previous conviction in addition to three times of fines;

(k) 0 unfavorable circumstances: A person who, as a result of the detection of a fact of driving under drinking, re-licensed or driven under drinking in spite of the fact that he/she had been punished three times by a fine due to drinking driving;

O. Other factors such as driving circumstances, driving distance, amount of alcohol concentration during blood, circumstances after the crime, etc.