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 26, 2009, the Defendant was sentenced to one year of suspension of the execution of imprisonment without prison labor for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on April 26, 2009, and on June 21, 2013, the same court issued a summary order of three million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 9, 2015, the Defendant driven a B Sti-type car under the influence of alcohol content of about 500 meters from the distance of 0.255% of alcohol content to the summer distance located in the Haak-gu Seoul Metropolitan City, Seosan-si, Seosan-si, Seoul Metropolitan City, before a cafeteria, on the roads of mutual influorial cafeterias located in the Seodaemun-gu, Seosan-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend is the fact that the person committed a second offense despite the past record of drinking alcohol driving, and that the degree of blood alcohol level is very high is disadvantageous.

However, the sentence was imposed in consideration of the defendant's gender, age, occupation, etc. in the fact that the defendant's mistake is divided and does not repeat the crime.

It is so decided as per Disposition for the above reasons.