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 July 15, 2011, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law in the Incheon District Court's Busan District Court's subsidiary branch, and on September 5, 2008, issued a summary order of KRW 1 million for the same crime in the same court.

On July 23, 2016, the Defendant driven a car in B, while under the influence of alcohol content of about 0.168% at a section of about 200 meters from the front of the “Seoul Hop” to the front of the “Seoul Kimpo Tax Office” located in the same Dong as the “Seoul Hop”, around 22:25, the Defendant driven a car in B, while under the influence of alcohol content of about 0.168%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. A response to a request for appraisal and a written appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same military records of the suspect and summary orders);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account circumstances favorable to the defendant);

1. The reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence are as follows: (a) even though the Defendant had been punished twice due to drinking driving, the Defendant again committed the instant drinking crime; (b) disadvantageous factors such as the Defendant’s blood alcohol concentration at the time of driving the instant drinking; (c) the Defendant reflects his mistake; and (d) support his family members, etc., by taking into account the favorable factors for sentencing, such as the fact that the Defendant had been punished twice due to drinking driving.