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 January 10, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (drinking driving) from the Gangnam Branch of the Chuncheon District Court. On September 16, 2013, the Defendant received a summary order of KRW 1.5 million as a fine for the same crime in the same court on September 16, 2013. On December 9, 2013, the Defendant received a summary order of KRW 6 million as a fine for the same crime.

On September 3, 2017, the Defendant driven a car with approximately KRW 0.094% alcohol level from the 1km section to the 2nd road of Gangseo-si, Gangnam-si, which is located in the main road of the bridge located in Gangseo-si, Gangnam-si, Seoul (No. 2 (No. 3) on September 3, 2017, while under the influence of alcohol level of about KRW 0.094%.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol as a person who has violated the prohibition clause on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation reports;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the fact that the three times of punishment due to drinking driving may have a record of his/her mistake: The defendant's age, sex, family relation, motive and means of the crime, circumstances after the crime, etc. shall be determined by taking into account all the circumstances of various kinds of sentencing as shown in the instant records and trial process, such as the defendant's age, sex, family relation, motive and means of the crime, etc.