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

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

Punishment of the crime

On April 18, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for a violation of the Road Traffic Act, and on January 9, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for a violation of the Road Traffic Act.

On August 28, 2016, at around 06:01, the Defendant driven a BM3 vehicle while under the influence of alcohol content of about 0.137% at the 7km section from the front of the club near the New Station in Gangnam-gu Seoul Metropolitan Government to the front side of the Military Road in Yeongdeungpo-gu Seoul Metropolitan Government.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol content 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the records of measurement of drinking alcohol and a report on the state of drinking alcohol;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. In light of all the circumstances, such as the Defendant’s age, environment, circumstances surrounding driving, and conditions after committing the crime, even though there was a history of punishment for one time due to driving without a license, and the fact that drinking water was relatively high, as well as all other circumstances, such as the Defendant’s age, environment, driving circumstances, and conditions after committing the crime.