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

except that 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 December 18, 2009, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on December 18, 2009, and a summary order of KRW 3 million by the same court on August 8, 2011.

Although the Defendant had a power of driving under the influence of alcohol twice again, on August 4, 2013, at around 09:45, the Defendant driven a B Sti-type car in the section of about 1km from the Do near the river basin located in 14-84, Gangseo-gu, Seoul, Gangseo-gu, Seoul, to the road front of the riverburg-dong 628, Gangseo-gu, Dong-gu.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, their respective dispositions and results confirmation reports, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Feb. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);