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

The defendant was sentenced to a fine of KRW 1.5 million at the Seoul Eastern District Court on August 30, 200, and sentenced to a fine of KRW 1.5 million for the same crime on February 28, 2002 at the Seoul Central District Court, and sentenced to a suspension of execution for 8 months and 2 years for the same crime. On April 23, 2004, the defendant was sentenced to a suspension of execution for 8 months and 2 years for the same crime in the same court on April 23, 2004, and sentenced to a imprisonment of 5 months for the same crime in the same court on January 13, 2005, and the same court on March 25, 2008 and sentenced to a fine of KRW 4 million for the same crime.

Nevertheless, at around 20:50 on March 23, 2014, the Defendant driven a Category B motor vehicle under the influence of alcohol content of about 4km from the Doi-si Doi-si to the upper-dong GSS station in about 1456, as Seoul Gangdong-gu, GSju-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to any inquiry into the results of the crackdown on drinking driving, any report on the circumstantial statement of a drinking driver, criminal history records, and any reports on driving of the same kind;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act: (a) considering the fact that the defendant was sentenced to imprisonment once a sentence of imprisonment, twice a suspended sentence, or twice a fine due to drinking alcohol driving; (b) the defendant has been sentenced to imprisonment for the last eight years; and (c) the defendant has expressed an attitude to reflect his/her mistake; (d) on the other hand, taking into account the following circumstances, such as the risk of recidivism in light of the previous conviction mentioned above, the execution of the sentence shall be suspended and probation and community service shall be imposed.

It is so decided as per Disposition for the above reasons.