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

(2016 Highest 237) On February 7, 2007, the Defendant was sentenced to a fine of KRW 1 million for a violation of road traffic law (dacting driving) in the original branch of the Chuncheon District Court on February 7, 2007, and a fine of KRW 1.5 million for the same crime in the same court on March 17, 2008.

On March 5, 2016, at around 03:40, the Defendant driven a car car in B, while under the influence of alcohol leveling approximately 0.074% of the 15 meters alcohol level on the road of the liquidation floor located in the short-term driving zone in the nuclear city.

(2016 Highest 324) On February 7, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of Road Traffic Act (dacting driving) with respect to the main branch of the Chuncheon District Court. On March 17, 2008, the Defendant was issued a summary order of KRW 1.5 million for the same offense in the same court.

On March 31, 2016, at around 23:44, the Defendant driven a B tec with alcohol level of about 2 km from the section of approximately 0.150% from the section of approximately 2km to the front side of the non-permanent apartment located in the same ambling-dong in the city of Nowon-si.

Accordingly, the defendant was punished for a violation of the Road Traffic Act (drinking driving) more than twice, but he was under the influence of re-driving a vehicle.

Summary of Evidence

2016 order 237

1. Statement by the defendant in court;

1. Inquiries into the results of the report on detection of the driver at driving, the report on the circumstances of the driver at driving, the report on the situation of the driver at driving, and the control of drinking;

1. Records of crime: A written reply to inquiries, such as criminal history, and each summary order (2016 order 324);

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Records of judgment: Application of inquiry letter, such as criminal history, and of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Traffic Act (the point of driving each alcohol), and the choice of imprisonment with prison labor for each crime;

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. Articles 53 and 55(1)3.