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

Punishment of the crime

On December 12, 2014, the Defendant was sentenced to six months of imprisonment due to occupational embezzlement in the vice branch of the Incheon District Court on December 12, 2014, and completed the enforcement of the sentence at the Incheon Detention House on October 23, 2015.

In addition, on April 22, 2014, the Defendant received a summary order of KRW 5 million from the Seoul Southern District Court to a fine of KRW 5 million, and on August 5, 2016, the Seoul Central District Court issued a summary order of KRW 6 million for the same crime.

On September 4, 2016, around 21:36, the Defendant driven a DNA car while under the influence of alcohol of about 0.21% with a blood alcohol concentration of about 500 meters at a section of approximately 500 meters in the middle-dong street 57 meters in the same city-dong-dong-dong from the Do in Seocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control (list 3);

1. Previous convictions indicated in judgment: Criminal records (list 6), current status of confinement (additional list 2) and the application of statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that: (i) the circumstances favorable to the defendant (i) and unfavorable circumstances (i.e., confession, reflectivity) are more favorable to him; (ii) despite the existence of a repeated offense period in the judgment; (iii) it is highly high to 0.200% of his blood alcohol content; and (iv) the defendant again committed the crime in this case in which he drives a motor vehicle under the main condition of his blood alcohol content which exceeds 0.20% again; and (iv) the defendant, a repeated offense period, has already been under the control of a fine of 0.20% of his blood alcohol concentration in around July 25, 2016, taking into account the fact that he was under the control of a repeated offense and was under the control of a fine of 40 days later; (v) he again conducted the driving of this case after about 40 days after the fact that the current compliance consciousness has considerably deteriorated and is likely to repeat the same or any similar offense).