A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On September 11, 2006, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 100,000 as a crime of violating road traffic laws. On April 13, 2012, the Seoul Central District Court received a summary order of KRW 3 million due to a crime of violating road traffic laws (drinking) at the Seoul Central District Court.

【Criminal facts” around September 23:06, 2016, the Defendant driven Cran XG car while under the influence of alcohol leveling approximately KRW 300 meters from 244 to 1964 to 200 meters in south-west circulation of the same Gu, Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Letters of arrest;

1. Each written statement of D and E;

1. A statement of the occurrence of a traffic accident of F;

1. Statement on the circumstances of the driver who is a driver in charge, a report on the measurement of drinking alcohol and a report on the detection of the driver in charge;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (in depth, the point of reflection of depth, the timing of previous previous conviction, the background of the accident and arrest, and other consideration of the age, family relationship, environment, circumstances after crimes, etc.);