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 January 2, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and on September 26, 2008, a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 26, 2008.

On May 21, 2013, at around 20:45, the Defendant driven a C-wing truck under the influence of alcohol with approximately KRW 12 km alcohol concentration of 0.202% from the 12km section of Seongdong-gu Seoul, Seongdong-gu, Seoul to the road 685 front day of Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the circumstantial statement of a drinking driver, a record of drinking-rating, and a review of the results of the control of drinking-driving;

1. Previous record: Application of a reply to criminal records and investigation report (Attachment to a copy of a summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle under the influence of alcohol again even though he has already been issued a summary order on two occasions, the fact that the defendant drives a motor vehicle under the influence of alcohol again, and that the drinking measuring values of this case are very high is disadvantageous to the defendant.

However, since there are no history of punishment imposed by the defendant more severe than a fine, the defendant reflects his fault in depth, and there are favorable circumstances for the defendant, the punishment as ordered shall be determined by taking into account all circumstances such as the defendant's age and character and behavior in such circumstances.

It is so decided as per Disposition for the above reasons.