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 June 7, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on October 25, 201, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on April 15, 201, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving) by the same court.

Nevertheless, on April 21, 2016, the Defendant driven Category D 1.8m alcohol concentration at approximately 0.181m alcohol level from the mast parking lot to the front of the construction section of the large-scale steel products located in the same city as the 54m-gu Yanjin-gu in Seoul Special Metropolitan City on April 21, 2016, while under the influence of alcohol leveling from approximately 1.8m.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on voluntary accompanying of a person suspected of violating traffic laws on roads;

1. A statement report on the circumstances of a driver who makes a drinking, the appearance, clothes, language, attitude of the driver who makes a drinking, the report on detection of the driver who makes a drinking, and the register of users of the measuring instruments;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and reporting on investigation (Attachment of a copy of the judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 subparagraph 1 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act such as protection and observation, community service and order to attend lectures - Circumstances unfavorable to the accused: The same type of previous conviction, including three times before and after having been punished for driving alcohol, violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and violation of Road Traffic Act, etc., and the same type of previous conviction, which has been sentenced to suspension of execution, are also once more severe, - The extent of the principal caution - The serious reflectivity, the lapse of five years from the latest same criminal conviction - Other provisions of Article 51 of the Criminal Act.