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

On June 25, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on June 25, 2009, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 19, 2009.

On April 21, 2013, around 18:40 on April 21, 2013, the Defendant driven Bsch Rexton car with approximately 15 kilometers of blood alcohol concentration 0.091% from the Do in front of the tin middle school located in Songpa-gu Seoul Metropolitan Government to the Olympic road in front of the Olympic Games located in Yeongdeungpo-gu Seoul Metropolitan Government Yangpo-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries about the results of the control of driving, and reporting on internal affairs, of driving;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (a copy of a summary order);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession and reflect, and the fact that there exists no record of past punishment imposed in addition to the suspended sentence sentenced in 1977);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;