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

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

Punishment of the crime

On April 29, 2008, the Defendant was sentenced to a fine of KRW 5 million on October 30, 2007 from the Youngcheon District Court’s branch on April 29, 2008 to the crimes of violating the Road Traffic Act by driving under the influence of alcohol on October 30, 207 and driving under the influence of alcohol on November 10, 207.

The Defendant driven a motor vehicle under the influence of alcohol two times on November 12, 2015, while under the influence of at least 0.121% of alcohol in blood at around 21:09 on November 12, 2015, the Defendant driven a motor vehicle at approximately 700 meters of alcohol level on the front side of the 500-1 T-Fol Eup at Pyeongtaek-si, and was under the influence of at least 0.060% of alcohol level during blood at around 23:10 on November 18, 2015.

As a result, the Defendant, while under the influence of alcohol at least twice, driven a motor vehicle again under the influence of alcohol over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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

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 suspended execution;

1. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;