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.

Criminal facts

[criminal power] On February 5, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on March 13, 2009, a summary order of KRW 1.5 million for the same crime at the Suwon District Court on March 13, 2009, and a summary order of KRW 4 million for the same crime at the Seoul Central District Court on April 29, 2010.

【Criminal Facts】

On November 1, 2012, at around 21:50, the Defendant driven C vehicle with a 30km alcohol content of 0.201%, while under the influence of alcohol from around Yeongdeungpo-gu Seoul Metropolitan City to around 22:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes by inquiry inquiry reports, such as investigation reports and criminal records;

1. Relevant Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act for a crime (the point of driving under influence of alcohol not less than 0.2% of the blood alcohol concentration);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act due to a drunk driving on at least three occasions heavier than the quality of the crime);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the accused repents wrongs the accused and there is no significant penalty power for the accused);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;