A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 14, 2009, the Defendant was sentenced to a summary order of a fine of 700,000 won for a crime of violation of the Road Traffic Act, on October 21, 201, to a fine of 5 million won for the same crime from the Sungwon District Court's Sungnam branch on the same day. On January 28, 2011, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Game Industry Promotion Act and 2 years on February 8, 2011, and the judgment became final and conclusive on February 8, 2011.

[2012 Gohap62] Around 00:50 on July 7, 2012, the Defendant driven BM7 car under the influence of alcohol content of about 0.124% from the road front of the “Yari Kari Kari Kari” located in the same Eup/Myeon from the roads of “Yari” located in the same Eup/Myeon, GM7 car in the direction of approximately 500 meters to the road.

[2012 Gohap94] On August 21, 2012, the Defendant driven a BM7 car under the influence of alcohol content of about 0.130% from a road in front of the parallel road in Pyeongtaek-dong, Eup, west-gun, Chungcheongnam-do, in the same Eup/Myeon area to the front road of the Gannam Tourist Hotel located in the same Eup/Myeon.

Summary of Evidence

[2012 Gohap62]

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a driver, a statement in the circumstances of a driver, and an investigation report (related to the counter-investigation into witness D, general);

1. A previous conviction in judgment: One copy of a criminal history record, a previous statement of disposition, a confirmation report (two copies), a written judgment, and a copy of a summary order, respectively, and one copy of a summary order (2012Gohap94);

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and an investigation report (related to the application of the drinking part mark after an accident);

1. Evidence and photographs of the traffic accident;

1. Previous records of judgment: The inquiry report on criminal records, etc., each written judgment, previous rulings, and confirmation report, and application of three copies of Acts and subordinate statutes;

1. Relevant provisions of the Act and the choice of punishment for the crime, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment, respectively;