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 April 16, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 2.5 million for the same crime in the Jung-gu District Court Goyang Branch on October 4, 2013.

2. On May 23, 2016, around 07:11, the Defendant driven a DSS5 car under the influence of alcohol leveling to 0.104% of alcohol leveling from the section of approximately 2.4 Km from around 32-gil, Mapo-gu, Seoul, Mapo-ro, 32-gil, to the new road near 266-1, to the same old new village.

Accordingly, the defendant, even though he had been punished twice as a crime of violating the Road Traffic Act (drinking), has again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, statement of the situation of a driver driving, and notice of the result of crackdown on drinking;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

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 under Article 62-2 of the Criminal Act, even though the defendant had already been punished twice due to drinking driving, and again, he/she is in need of a strict punishment corresponding thereto.

However, in consideration of the fact that the defendant's mistake is recognized and divided, again, the defendant's failure to drive drinking, and the fact that, other than the above drinking driving power, the defendant has been two times before and after the lapse of 20 years, and there is no record of more severe punishment than the fine, the punishment shall be determined to suspend the execution of imprisonment as above.