A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The facts charged are stated to the effect that the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) on November 9, 2007 and August 29, 2014. However, Article 148-2(1)1 of the Road Traffic Act provides that a person who has violated Article 44(1) of the same Act not less than twice (the person who drives a motor vehicle, etc. not less than twice under the influence of alcohol) and drives a motor vehicle under the influence of alcohol (the person who drives a motor vehicle, etc. not less than twice under the influence of alcohol) shall be punished. It is clear that it is recognized that the defendant specified the date and time of driving a motor vehicle at least twice in the past while under the influence of alcohol and it does not give a substantial disadvantage to the defendant's exercise of his/her right to defense, thereby recognizing the facts charged as above.

The Defendant, while under the influence of alcohol on September 22, 2007 and July 15, 2014, violates Article 44(1) of the Road Traffic Act by driving a motor vehicle on at least two occasions,

1. On March 23, 2014, at around 23:48, a person driving a Clater-low car at approximately five meters in front of the road at a ion range of about 176 Amphak-ro 176, in a safe state of alcohol, while under the influence of alcohol at least 0.212% of blood alcohol level.

2. On May 15, 2014, around 03:30, a person driving the said vehicle at a section of about 50 meters in front of the traffic beginning of the same flow distance, at approximately 50 meters, on the road front of the Suyang-dong, Suyang-dong, 0.194% of alcohol level while he was under influence of alcohol at around 03:30,000.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. Each written opinion and investigation report (attached to the summary order of the relevant case);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 of the Criminal Act: