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.

Criminal facts

[criminal record] On February 1, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and a summary order of KRW 1.5 million for the same crime at the Jung-gu District Court on September 26, 201, respectively.

[Criminal] On October 14, 2015, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle CSMM (SM3) under the influence of alcohol with approximately 0.103% of blood alcohol concentration at approximately 15 kilometers from the Do in front of a mutually influence restaurant in Mapo-gu Seoul, Mapo-gu, Seoul, about 23:24 on the same day from October 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (including three copies of a summary order attached thereto), and 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. For the reason of sentencing under Article 62-2 of the Criminal Act, a defendant's previous conviction (a fine of 700,000 won shall be imposed in addition to the previous criminal records as indicated in the judgment in total three times) shall be selected and punished accordingly, and the punishment shall be determined as ordered in consideration of his/her blood alcohol density, distance and place of drinking driving, circumstances leading to drinking driving, his/her age, character and conduct, family relationship, circumstances after committing the crime, etc.