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 May 25, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving alcohol) at the Seoul Central District Court, and on October 12, 2012, the Seoul East District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving alcohol).

[2] On December 16, 2015, the Defendant driven a car with approximately KRW 5 km from the modern parking lot near SK Haak-si, Echeon-si, Seoul, to the road near the 79 km-dong-dong Highway, Seocheon-si, Chungcheongnam-si, with alcohol level of KRW 0.088 percent among blood transfusion around 01:10 on December 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same kind of force of the suspect);

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lecture are as follows: (a) disadvantageous circumstances, such as the fact that the defendant has been punished several times for the same kind of crime; (b) favorable circumstances, such as the defendant's time of and reflects his/her criminal act; and (c) the fact that there is no record of punishment exceeding the past fine; and (d) other favorable conditions for sentencing specified in the arguments of this case, including the defendant'