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 January 4, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court on January 4, 2008, and a summary order of KRW 3 million from the Seoul Northern District Court on December 10, 2010.

On April 14, 2013, the Defendant, while under the influence of alcohol of 0.204% of blood alcohol content, driven a Bbee cruise car at approximately 1.5 km from the front of the influent restaurant in the vicinity of the Doedong in Gangnam-gu Seoul Metropolitan City to the roads of the same 826-24 km-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of the circumstantial statement of the driver and the report on detection of the driver; and

1. Previous records of judgment: Application of each Act or subordinate statute stated in the inquiry report and investigation report (report on the same criminal records and investigation reports);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. In light of the fact that the reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend a lecture has the record of punishing the defendant twice or more for drinking driving as stated in the first head of the judgment, and again repeats the same crime, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving twice or more shall be punished more strictly in the event of drinking driving again, and that the blood alcohol content of the defendant is very severe and the traffic accident occurs, it is necessary to strictly punish the defendant. However, even though there is no criminal power other than the punishment imposed by the above fine for the last ten years, the defendant has no criminal history other than the punishment imposed by the above fine, and the fact that the defendant is against the defendant while making a confession shall be determined for eight months in consideration of the circumstances favorable to the defendant.