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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 17, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Busan District Court’s Branch on September 17, 2007; on April 28, 2008, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (drinking driving) from the Seoul District Court’s Branch on April 28, 2008; on February 21, 2013, the Defendant was sentenced to a fine of KRW 7 million as a crime of violation of the Road Traffic Act (drinking driving)

Although the Defendant had been punished twice or more due to drinking driving as above, on January 17, 2016, at around 00:25, the Defendant driven B K5 cars under the influence of alcohol concentration of about 0.064% in the section of about 500 meters from the front side of the Busan Bupyeong-gu, Incheon to the front side of the 369-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Records of judgment: Application of an inquiry letter, investigation report (verification of the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture in this case, even though the defendant had been punished for driving under drinking three times as stated in the records of the crime in the judgment, and again, it is necessary to make any corresponding strict punishment.

However, in consideration of the fact that the defendant repents his mistake, there is no record of punishment other than the above drinking driving power, and that the alcohol concentration in the blood of this case is not high by 0.064%, the punishment shall be determined to suspend the execution of imprisonment as above.