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 26, 2013, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch, etc., and the said order became final and conclusive on April 4, 2013. On June 18, 2013, the Defendant received a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and the said order became final and conclusive on July 2, 2013 by the same court.

On August 14, 2015, at around 05:40, the Defendant: (a) was under the influence of alcohol 0.122% of alcohol concentration around the 7km away from the Do adjacent to the reservoir parking lot located in 05:40, 00, 000, to the roads adjacent to the Do in the same area; (b) was under the influence of alcohol 0.122%; and (c) was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of a traffic accident, report on the circumstances of a drinking driver, and notification of the control results of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment records);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;