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 6, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 26, 2007, with a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Seoul East District Court on October 26, 2007, and on September 1, 2010, with a fine of KRW 1,50,000 as a penalty of violation of the Road Traffic Act (driving).

On July 18, 2015, at around 00:15, the Defendant driven a balknife vehicle with blood alcohol level of 0.092% under the influence of alcohol level at approximately 20km from a non-place of Gangnam-gu Seoul Metropolitan Government to the front road of Kimpo-dong ecological park.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to a report on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, inquiry request for appraisal, and report on the collection of blood;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200Du148, Apr. 1, 201);

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

1. The punishment as ordered shall be determined by comprehensively taking into account the criminal records as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, blood alcohol concentration at the time of detection, and other circumstances under Article 51 of the Criminal Act at the time of discovery;