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

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

Criminal facts

On December 6, 2012, the Defendant received a summary order of a fine of KRW 4 million from the Changwon District Court’s branch on January 19, 2015 to the same crime as a crime of violating the Road Traffic Act (driving of Drinking) in the Incheon District Court’s Branch Branch on December 6, 2012, respectively.

Although the Defendant was punished for drinking two or more times as above, on April 24, 2016, at around 02:07, the second apartment parking lot located in the Gero-Jakdong in the Gero-si, Seoul Special Metropolitan City, the Defendant driven the Bk5 car, one of which is under the influence of alcohol level of about 1km from about 0.125%, to the front day of the Dong-dong king Pung-dong, which is located in the Gero-dong Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the result of crackdown on driving alcohol;

1. Each report on investigation;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment against the Defendant is determined by taking account of the following factors: (a) the Defendant’s blood alcohol density density, the degree and distance of driving, the records of punishment for the same kind of crime, and the Defendant’s age, sex behavior, environment, circumstances after the crime, etc.; and (b) the protection observation and attendance order as a result of the risk of recidivism, reflectiveness, and reflectiveness.