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 March 15, 2006, the Defendant was sentenced to a fine of four million won at the Seoul Western District Court due to a violation of the Road Traffic Act (refluence of the measurement), etc. at the Seoul Central District Court on October 26, 2006, by a fine of four million won due to a violation of the Road Traffic Act (refluence of the measurement of the noise level).

At around 23:40 on September 23, 2015, the Defendant, starting around the bus stops adjacent to the Sungyang-dong National Bank of Sungyang-gu, Seongbuk-gu, Sungyang-gu, Sungyang-si, and driving approximately approximately approximately 200 meters of alcohol level from the 200m section, to the long distance prior to the Sungyang-gu, Sungyang-gu, Sungyang-gu, Sungyang-gu, Sungyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the defendant had been punished several times due to drinking driving as stated in the judgment of the court, and again, the drinking driving of this case was conducted under the influence of alcohol, and the blood alcohol concentration is very high, and there is a need for any corresponding strict punishment.

However, a punishment shall be imposed to suspend the execution of imprisonment with prison labor as above, taking into account the fact that the defendant's mistake is recognized, the history of drinking driving is relatively long, and there are no criminal records after the last crime of drinking driving, and that the substitute driving engineer seems to have driven a drinking after getting off at the middle, not after drinking driving. In order to prevent recidivism, a punishment shall be imposed.