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

[criminal history] On February 25, 2009, the Defendant was notified of a summary order of a fine of one million won for a crime of violating road traffic laws at the Seoul Central District Court on February 25, 2009, and a summary order of one million won for a crime of violating road traffic laws at the Seosan Branch of the Daejeon District Court on January 6, 201.

[2] On May 31, 2017, around 00:38, the Defendant: (a) driven a C rocketing car under the influence of alcohol with approximately 6km alcohol concentration of 0.258% from the 6km section to the 101st road in the position of Jongno-gu Seoul, Jongno-gu, Seoul, at the beginning of Seocho-gu Seoul.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. An explanatory note;

1. Written appraisal of alcohol concentration in blood and a report on the detection of a primary driver (No. 9 No. 9 once a year);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (the confirmation of the past record of the same kind of crime), and application of each of the summary orders attached thereto;

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

1. The Defendant’s choice of imprisonment with prison labor or heavier punishment [the Defendant shall be punished by imprisonment with prison labor in consideration of the following: (a) the Defendant was sentenced to imprisonment with prison labor or heavier punishment twice due to drinking driving; (b) the Defendant again committed the instant crime; (c) the blood alcohol concentration is considerably high at the time of detection; and (d) the driving of a significantly distant distance at the time of drinking; and (c) the Defendant was under the risk of an accident during driving under the influence of drinking (the trend of the other taxi driver and the arrest by reporting)]; and (d) if the Defendant is sentenced to imprisonment without prison labor or heavier punishment, it would be likely that he would suffer a disadvantage in his status

However, the above defendant is disadvantageous to the defendant.