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

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

Punishment of the crime

[criminal history] On February 21, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on February 21, 2008, and a summary order of KRW 4 million for the same crime at the Seoul Western District Court on April 11, 201.

[2] On November 21, 2016, around 12:00, the Defendant driven Bho-man car under the influence of alcohol content of approximately 0.122% from the 3km section to the front road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul and the 47-gil-dong, Mapo-gu, Seoul and the 47-gil-dong, and the 1-day World Cup Pream.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (the criminal suspect's previous conviction, two times before and after drinking alcohol, and previous convictions of refusing to measure drinking), and a copy of a summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had already been punished four times due to drinking alcohol driving and refusal to measure drinking, but again drives drinking, under the circumstances unfavorable to the defendant, the defendant's mistake is divided, the defendant has been punished for a suspended sentence for not less than eight years due to the refusal to measure drinking, and the driving of drinking has no record of punishment exceeding the fine due to drinking alcohol driving, etc. shall be determined by taking into consideration the circumstances favorable to the defendant as ordered.