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 of the final judgment.

Punishment of the crime

[criminal power] On April 2, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act. On November 27, 2009, the Changwon District Court was sentenced to a suspended sentence of six months for the same crime. On July 30, 2013, the Defendant was issued a summary order of KRW 7 million for the same crime.

【Criminal Facts】

Although the Defendant had been punished three times for the violation of the Road Traffic Act as above, on September 14, 2016, at around 02:00, the Defendant driven a B rocketing car under the influence of alcohol with approximately 0.160% of blood alcohol concentration from the 100-meter section to the front road of the same Sin-dong SK high-speed oil station at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (report attached to the same type of summary order, etc.), each summary order, and the application of statutes governing the judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person has not been convicted of probation for more than a year since 2009 and that a person is against his/her gender);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;