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

[criminal power] On September 30, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on September 30, 2008, and a summary order of KRW 4 million for the same crime at the Seoul Western District Court on March 13, 2009, respectively.

【Criminal Facts】

On December 2, 2013, the Defendant driven a BNEW EF rocketing car at a large pay parking lot located on the rooftop of the National Bank of Seongdong-gu Seoul Metropolitan Government on December 2, 2013, where the Defendant was under the influence of alcohol of about 0.235% of blood alcohol concentration at approximately 50 meters.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. The place where the blood alcohol concentration is measured, the report on the circumstantial statement of the drinking driver, and the report on detection of the drinking driver;

1. Previous conviction: Application of a reply to criminal records and statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the record of the first head written in the judgment of the defendant, is that the defendant already driven a motor vehicle while drunkly under the influence of criminal punishment, despite the fact that the defendant had a history of being sentenced to criminal punishment on suspicion of drunk driving, and that there is a significant high drinking level in this case, is disadvantageous to

However, given that there are circumstances favorable to the defendant, such as the defendant's age, character and conduct, which reflects the defendant's mistake in depth, and the defendant has not been punished more severe than a fine, the punishment as ordered shall be determined by taking into account all the circumstances that are conditions for sentencing, such as the defendant's age and character.

(b) for more than one year.