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

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

Punishment of the crime

On February 21, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on October 31, 2012, a summary order of KRW 2 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

On May 30, 2013, at around 06:24, the Defendant driven a BMW car with approximately 100 meters section from the Ssongdong, Songpa-gu, Seoul to the front road of 168, Songpa-gu, Songpa-gu, Seoul, while under the influence of alcohol concentration of about 0.206%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the situation of a drinking driver, inquiry into the fact of a drinking driver, report on the statement on the status of a drinking driver, written consent to blood collection, written request for appraisal, written appraisal, and on-site photograph;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Taking account of the fact that the defendant under Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation repents in depth, the fact that there is no previous conviction of the fine council, and the fact that some of the previous convictions of a drunk driving are cut down before the enforcement of the current Road Traffic Act subject to the aggravated punishment, and there is room for some consideration.

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;