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 May 25, 2012, the Defendant received a fine of KRW 3 million for a violation of road traffic law (drinking driving) at the inside support of the Suwon District Prosecutors' Office on May 25, 2012, and on March 4, 2014, the Defendant received a summary order of KRW 4 million for a violation of road traffic law (drinking driving) at the inside support of the Suwon District Prosecutors' Office.

Although the Defendant had had a record of drinking twice or more, on September 17, 2015, at around 23:26, the Defendant driven a car in one of its own typ below the blood alcohol level (0.158%) under the influence of alcohol at approximately 20 km away from the top of the insular road located in the middle-gu, Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan City to the road at a point of about 119.4 km away from the middle-gu, Seongbuk-gu, Seoul, Cheongdo-si, the other Cheongdo-dong, in the direction of approximately 20 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for sentencing under Article 62-2 of the Order to Provide community service and attend lectures - The fact that the defendant has a record of being punished by a fine for the same kind of crime in 2012 and 2014, the fact that alcohol concentration in blood is relatively high, the fact that he/she causes a physical damage while driving under the influence of alcohol - The fact that he/she recognizes his/her mistake and reflect