A defendant shall be punished by imprisonment for not more than ten 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

On October 24, 2008, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act at Seoul Southern District Court on October 24, 2008. On November 27, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver’s License) and one year of suspended sentence.

On September 29, 2014, the Defendant, while under the influence of alcohol of 0.181% of blood alcohol concentration on September 29, 2014, driven B observer car at approximately 200 meters from the section of Yongsan-gu Seoul, Yongsan-ro 3 from 54-14 to the front road of the modern automobile service, which is located in the same Kuwon-ro 86.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The punishment as ordered shall be determined by the defendant, who has had the records of punishment several times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but the nature of the crime is not weak, considering the fact that the defendant's mistake is recognized and reflected, and all other circumstances constituting the conditions for sentencing, such as the age, character, conduct and environment of the defendant, etc.