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 30, 2009, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on January 30, 2009, a fine of 7 million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on May 3, 2010, and a fine of 4 million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on September 29, 2010.

On May 17, 2013, at around 00:45, the Defendant driven a Bteme vehicle under the influence of alcohol with approximately 40km alcohol concentration of about 0.147% from the section of approximately 40km to the IC of the Seoul except for Seoul, Nannam Highway, Kimpo-si located in the New Gan-si, Gan-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (suspects' previous records and reports);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., a confession and reflective fact, and a fact that no other criminal records exist in addition to the previous judgment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;