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 March 16, 2007, the Defendant received a summary order of two million won or more as a crime of violation of the Road Traffic Act by the Suwon District Court, and a summary order of two million won or more as a crime of violation of the Road Traffic Act by the Suwon District Court on August 29, 2008.

On January 23, 2013, at around 23:30, the Defendant driven a B rocketing car with approximately 200 meters of alcohol level 0.057% under the influence of alcohol level from the upper corner of the Transport Center located in Songpa-gu Seoul Metropolitan Government to the front intersection of the transmission telephone station located in Songpa-dong 29-1, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. Records of measurement of drinking alcohol, report on the circumstances of drinking drivers, and report on detection of drinking drivers;

1. A photograph of the vehicle and on-site photograph;

1. Previous conviction: Application of a reply to criminal records and a copy of each summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant driven a motor vehicle under the influence of alcohol on three occasions, even though he was sentenced to a fine due to drinking driving, as well as the records of the judgment in the judgment of the court below, and that the Defendant’s crime of drinking driving in this case is likely to occur while driving a motor vehicle in violation of the signals under the influence of alcohol and shocking another motor vehicle according to the signals while driving the motor vehicle.

However, since there are circumstances favorable to the defendant, such as the fact that the values of drinking alcohol measurement in this case are not high, and that there is no record of punishment heavier than the fine, etc., the punishment of the defendant, such as age, character and conduct, is imposed in such circumstances.