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.

Punishment of the crime

On June 24, 2009, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Seoul Southern District Court, and a fine of one million won for the crime of violating the Road Traffic Act at the Goyang Branch of the Jung-gu District Court on December 9, 2013.

Although the Defendant had been punished twice or more as above, on April 12, 2014, at around 23:45, the Defendant driven Bone Star Motor Vehicle while under the influence of 0.068% of blood alcohol concentration on the 9th road of the Goyang-gu, Goyang-gu, Goyang-gu, Goyang-si, without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and attachment of summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (not showing that the blood alcohol concentration is high, and considering the fact that the defendant is against his/her gender);

1. Article 62 (1) of the Criminal Act (In addition to reasons for discretionary mitigation, economic conditions, degree of education, and all other circumstances of the defendant shall be taken into consideration);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;