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

[criminal power] On December 22, 2006, the Defendant was issued a summary order of a fine of two million won by the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving) and a fine of four million won by the Seoul Western District Court on October 21, 2008.

【Criminal Facts】

On June 1, 2013, at around 00:42, the Defendant driven a Bsch Rexton car in the state of alcohol of about 0.152% of blood alcohol concentration at the section of about 2 km from the front of the river station located in the Seongdongdong in Gangdong-gu Seoul Metropolitan Government to the road of about 337-97, Dongcheon-dong 337-97.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to criminal records and the application of reporting statutes on the same criminal records;

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 had already been punished by a fine on two occasions as stated in the judgment of the court below, but the motor vehicle was driven under the influence of alcohol, and the fact that the drinking level measured is relatively high is the circumstances unfavorable to the defendant.

However, since the defendant reflects his mistake in depth and there is no record of punishment heavier than the fine, etc., there are favorable circumstances for the defendant, the punishment like the order shall be determined by taking into account all such circumstances as the defendant's age, character and conduct, etc.

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