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 August 13, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

1. On July 23, 2013, around 20:25, the Defendant: (a) driven a Cknife car with a blood alcohol content of about 0.135% under the influence of alcohol from the 10-meter section from the parking lot of 106-dong, the White Village Complex Apartment 106-dong, to the front road of the above 105-dong guard room.

2. Around 03:00 on July 24, 2013, the Defendant driven the said car under the influence of alcohol with a blood alcohol content of about 1.5 km from the front of the restaurant at the Cheong vibration Sea Station located in the Geum-si, Pung-si, Pungju, to the front road of the Malaysia, who is located in the Geum-si, Pung-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the driving under the influence of each owner;

1. A report on the actual state of each host driver;

1. Investigation report (the report on the calculation of drinking water by the suspect who has applied the Radmark formula);

1. Previous record: Application of Acts and subordinate statutes to the accused's legal statement, criminal record inquiry;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (not less than three times in the case of driving under the influence of alcohol, choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol, and choice of imprisonment);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act has been discovered and punished for driving under the previous influence of alcohol.