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

Punishment of the crime

【2016 Highest 9253】 On October 29, 2010, the Defendant was issued a summary order of KRW 3 million for the same crime at the Seoul Eastern District Court, and KRW 4 million for the same offense.

On December 01, 2016, the Defendant was under the influence of alcohol content of 0.126% in blood around 00:31, the Defendant driven a Gpoter vehicle at the 15km section of Gangnam-gu Gporo, Gangnam-gu, Seoul, from the front day of a drinking house in the vicinity of the self-fabric distance to the road of 365-1, Gangnam-gu.

[2017 Highest 491] On October 29, 2010, the Defendant issued a summary order of KRW 3 million as a crime of violating Road Traffic Act (drinking) at the Seoul Eastern District Court on October 29, 2010; KRW 4 million as a fine for the same crime from the Jungbu District Court on October 5, 2012; and KRW 5 million as a fine at the Seoul Central District Court on December 23, 2016.

On December 23, 2016, at around 21:02, the Defendant driven Gpoter vehicle under the influence of alcohol content of about 0.123 percent from the 10-meter section of the apartment to the apartment road, who was a transferee of at least 50-3 of the Gpoter in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Summary of Evidence

【2016 Highest 9253】

1. Statement by the defendant in court;

1. The fact-finding report of the driver at the main place of business 【2017 high group 491】

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the records of drinking driving) statute;

1. Article 148-2 (1) and (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting an offense, the choice of imprisonment, and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) of the Criminal Act.