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 June 15, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on March 13, 2008, by the Seoul Southern District Court, a fine of KRW 1,50,000 as a penalty for a violation of the Road Traffic Act (driving).

On September 20, 2015, around 20:58, the Defendant driven B rocketing vehicles with the blood alcohol concentration of about 0.108% from the 6km section of approximately 6km to the roads of the same Gyeongyang-si, Chungcheongnam-si.

Accordingly, the defendant was punished more than twice by drinking driving, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking drivers, and the status of driving under drinking;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

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 (see, e.g., the grounds for a suspended sentence following a suspended sentence);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do148, Apr. 1, 201)

1. Order to attend lectures under Article 62-2 of the Criminal Act;