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

The Defendant is a person with three times the same criminal records, including a fine of KRW 1.5 million for a crime of violating road traffic laws in Seoul Eastern District Court on December 4, 2009, and a fine of KRW 2 million for the same crime in the same court on September 21, 2012.

Criminal facts

On October 6, 2016, around 23:2, 2016, the Defendant driven a car with B windowsom under the influence of alcohol level of approximately 0.085% in blood on the roads of approximately 50 meters from the alley of Songpa-gu Seoul Metropolitan Government to the front of 101 in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of an inquiry letter, such as criminal history, and an investigation report (report accompanied by a copy of a summary order) statute;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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. Selection of imprisonment as the driving of drinking is repeated despite the fact that he/she has been sentenced to three times a fine due to a driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act by taking lectures and community service order, but the degree of punishment shall be determined in consideration of the fact that alcohol concentration in blood is not high, and that it is against the nature of alcohol;