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 March 14, 2008, the Defendant was notified of a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and on June 22, 2010, the Defendant was notified of a summary order of KRW 2,50,000 for the same crime at the Seoul Central District Court. On April 27, 2012, the Defendant was sentenced to a fine of KRW 5,00,000 for the same crime.

On August 7, 2015, at around 03:58, the Defendant driven a B SP vehicle under the influence of alcohol with approximately 30km alcohol concentration of 0.120% from the 30km section to the bottom intersection, from the roads near Young-dong, Gangnam-gu, Seoul.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the circumstantial report of a host driver;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (reports attached to the suspect's previous records and written judgments);

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 or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. A suspended sentence of two years for eight months in prison with a decision of sentence (the background and details of the crime committed during the period of sound driving, the criminal records of the same kind and the criminal records of suspended execution or more, the fact that the defendant has no good health condition and has a family member to support the defendant, and other factors such as age and character