A defendant shall be punished by imprisonment for not more than ten 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 October 11, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act with a fine of KRW 1 million for the same crime at the above court on November 8, 2007 and KRW 5 million for the same crime at the Seoul Central District Court on September 8, 2015.

On August 18, 2015, the Defendant driven a Di40 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.110% from the direction of the Roman-gu, Goyangyang-si to the front direction of the Pinyang-si, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, amounts of dispositions, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has already served four times or more, but again, the Defendant was driving under drinking again, and furthermore, on July 23, 2015, the Defendant was under drinking and did not continue driving under drinking. Therefore, there is a need for any corresponding strict punishment.

However, in consideration of the fact that the defendant reflects his mistake and repents, there is no record of punishment more severe than the fine, there is a family member to support, etc., the sentence shall not be imposed only once, and the execution of the above imprisonment shall be suspended, and the probation shall be ordered together to prevent recidivism.