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 September 16, 2008, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Incheon District Court and KRW 2 million as a fine at the Seoul Southern District Court on October 3, 2012.

As above, the Defendant has a record of violating the prohibition of drunk driving twice.

Nevertheless, at around 00:20 on October 7, 2016, the Defendant driven a vehicle of approximately KRW 1 km B 5 meters from the road located in Seocho-gu Seoul Metropolitan Area Kafaba, Seocho-gu, Seoul, with a alcohol level of about 0.130 percent, to the front of the distance in the area beyond Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation reports (Application of the Madmark);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes (report on confirmation of criminal records of a suspect A) shall apply;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (Taking into account the same reasons as the above);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;