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

[criminal history] On November 14, 2008, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violating road traffic law (dacting driving) at the original Chuncheon District Court's original branch on November 14, 2008, and a fine of KRW 1 million as a same crime in the same court on December 6, 2007.

[Criminal facts] On January 26, 2017, the Defendant driven B K3 cars under the influence of alcohol with approximately 0.059% alcohol concentration from approximately 2km to the roads located in the same 70-lane from the front of the housing site in the city of Gangwon-gu, Gangwon-do, Gangwon-do, to the roads in front of the same Sindok PC room.

Summary of Evidence

1. Statement by the defendant in court;

1. Occurrence of a case resulting from a violation of traffic laws on roads, and arrest reports;

1. Statement report on the circumstances of a driver who is in charge of driving and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, investigation report (Attachment of a copy of the previous judgment related to the previous personal history), and statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as Defendant’s age, sexual conduct, environment, motive for and circumstances after committing a crime, etc. shall be determined as ordered in consideration of the following circumstances.

Unfavorable circumstances: although the defendant had been punished for a fine on three occasions due to drinking driving, he/she again drives drinking.

A favorable circumstances: There shall not be any history of punishment exceeding a fine.

The alcohol concentration in the blood during driving of the instant case is relatively high.