A defendant shall be punished by imprisonment for not more than ten 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 December 8, 2010, the Defendant was issued a summary order of KRW 7 million by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), and on November 17, 201, a summary order of KRW 4 million by a fine at the Seoul Central District Court due to a violation of the Road Traffic Act (Dangerous Driving).

1. On October 26, 2012, while under the influence of alcohol at around 00:37 per cent of the blood alcohol concentration of 0.087%, a person driving a DNA lux car on the road front 459-18, Gangdong-gu, Seoul, Gangdong-gu;

2. Around 09:00 on November 2, 2012, while under the influence of alcohol of at least 0.128% of the blood alcohol concentration, a person driving a DNA motor vehicle up to 387 front roads of Songpa-gu Seoul, Songpa-gu, Seoul at the roads near CEX located in Samsungdong, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the results of crackdown on drinking driving and the circumstantial statement of the drinking driver;

1. Previous convictions in judgment: Reporting on the results of confirmation of previous convictions in disposition and applying Acts and subordinate statutes to investigation reports (formers and attachment reports of judgment);

1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor), each of which is applicable to the crime and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [The circumstances favorable to the defendant among the reasons for the punishment]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant had already been punished twice due to drinking driving as stated in the first head prior to the judgment, but the defendant's act of driving twice or twice for a week is disadvantageous to the defendant.

On the other hand, however, there is no history of punishment more severe than a fine for the defendant, and the fact that the defendant is willing not to drive a drinking again against his mistake and again, etc. are favorable to the defendant.