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

1. On November 23, 2009, the Defendant issued a summary order of KRW 2,50,000,000 as a crime of violating road traffic laws at the Seoul Western District Court on December 5, 201, a summary order of KRW 1 million as an identical crime at the Seoul Western District Court on December 5, 201, and a summary order of KRW 5 million as an offense at the Seoul Western District Court on June 17, 2013, respectively.

2. On February 21, 2016, the Defendant was under the influence of alcohol level of 0.068% in blood around 04:05, the Defendant driven a Rail car at a section of about 1km from 19:0 to 3:00 in Yongsan-gu Seoul, Yongsan-gu, Seoul, in a state of alcohol level of 0.068%.

Accordingly, the defendant, who committed two times or more of drinking driving, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Records of judgment: Application of inquiry letter, such as criminal history, and of each summary order text;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture of this case has already been punished three times due to drinking driving as stated in the records of the crime in the judgment of the defendant, and again, it is necessary to punish the same strictly.

However, considering the fact that the defendant repents his mistake, there is no record of punishment other than the above criminal records, and that the alcohol concentration in the blood of this case is not significantly high, the punishment shall be determined to suspend the execution of imprisonment as above.