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 October 5, 2007, the Defendant issued, at the Incheon District Court, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving). On June 1, 2010, the same court issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving). On August 27, 2010, the same court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act.

Criminal facts

around 00:40 on May 4, 2013, the Defendant driven CA6 car in the section of about 50 meters from the Cheonghae Kim Gambro in the south-gu, Incheon, to the Samsung Bio-ro located in the same 302, while under the influence of alcohol content of 0.136%.

around 00:22 on February 15, 2014, the Defendant driven a BMW vehicle at a section of approximately 100 meters from the front of the alcohol house in the south-gu Incheon Metropolitan City and the front of the daily road located in the same Gu from the roads in front of the alcohol house in the trade name of the Nam-gu, Incheon, under the influence of 0.108% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (related court rulings);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that there is a reflector, that there is no heavy penalty power exceeding the fine for the same kind of crime, that there is a family member to provide support);

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

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