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

[criminal power] On March 3, 200, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act ( sound driving) at the Suwon District Court on September 3, 200, KRW 2,000,000 as a fine for the same crime from the Sungwon District Court's Sungnam branch on September 3, 200, KRW 3 million as a fine for the same crime at the Suwon District Court on February 1, 2008, and KRW 2,50,000 as a fine from the Dong Branch of the Seoul District Court on January 9, 2009.

【Criminal Facts】

On July 12, 2014, at around 21:42, the Defendant driven a B-car in the name of the Defendant from around 1 km section to the front road of the Ansan-si located in Pyeongtaek-si, Bupyeong-gu, Seoul, Seoul, under the influence of alcohol by 0.218% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes attached to summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

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

1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the defendant had already been punished four times due to drinking driving, the crime of this case is not somewhat weak in light of the fact that he/she again committed the crime of drinking driving.

However, punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the probation shall be sentenced on condition of probation and community service order.