A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 10, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) on October 15, 2015, respectively.

On October 30, 2015, the Defendant driven B K5 cars with alcohol content of 0.066% from the 500-meter section from the fluence in the place where the ambari in the Republic of Korea-nam Eup to the same ambari distance, at around 21:50 on October 30, 2015.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the result of crackdown on driving drinking;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to an investigation report (verification of previous records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant’s blood alcohol concentration was not high compared to the Defendant’s blood, and that the Defendant did not cause other damage, such as traffic accidents, and that there was no record of punishment exceeding the fine for the last five years constitutes favorable or extenuating circumstances.

However, on the other hand, the crime of this case is a case where the defendant driven a motor vehicle while under influence of 0.066% alcohol concentration in blood even though he had been punished twice due to drinking, and the crime of this case is not good, and the defendant has been punished three times due to the same kind of traffic crime, and it constitutes an unfavorable condition to the defendant.

The above circumstances and the defendant's age, family relation, sex, environment, and crime.