A defendant shall be punished by imprisonment for not less than nine 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 18, 2006, the Defendant issued a summary order of 2,500,000 won for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on August 18, 2006, and on September 25, 2009, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment for 6 months by the Seoul Northern District Court on September 25, 2009, and the same criminal records have three times the same criminal records.

Criminal facts

On July 25, 2016, at around 23:47, the Defendant driven a rocketing car with approximately 0.157% alcohol concentration from the 2km section to the underground parking lot in the same Dong from the “dicculb department store” road to the “Cuksan Second Apartment” apartment in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of driving under the influence of alcohol, and report on the situation of driving under the influence of alcohol;

1. Investigation reports, summary orders, and the application of each of the statutes applicable to each of the judgment;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although probation and order to attend a trial could have been tried due to drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, the crime of this case may be prevented. Furthermore, the fact that the blood alcohol content of the instant crime is relatively high, the Defendant’s age, occupation, character and conduct, family relation, circumstances leading to this case’s crime, and circumstances before and after the instant crime, etc., considered the sentencing conditions under Article 51 of the Criminal Act, and considered the sentencing conditions under Article 51 of the Criminal Act.