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

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on December 23, 201, and on April 12, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.

[2015 Highest 439] On May 22, 2015, the Defendant driven a ecoo motor vehicle in C in a state of under the influence of alcohol content of about 0.169% at a section of about 350 meters, from the front side of the Geum coo-ri, Scoo-ri, Scoo-ri, which is located in the Scoo-ri, Sinjin-ri, Sinjin-ri, to the 28rd side of the Mcoo-ro 28-lane in the same area.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

[2015 Highest 484] On June 8, 2015, the Defendant driven a C Ecoo motor vehicle with approximately 250 meters alcohol content 0.142% under the influence of alcohol from the front way of a mutually influoral singing practice room located in Scoo-ri, Sinjin-si, Sinjin-si to the front way of the new Fluoral No. 1391 in the same face-ro 1391.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

[Attachment 2015 Highest 439]

1. Defendant's legal statement;

1. The circumstantial statement of the employer and the report on detection of the employer;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (report on confirmation of the same criminal records as a suspect);

1. Defendant's legal statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. On-site photographs;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and investigation reports (Attachment of copies of summary order);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.