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

[criminal history] On February 26, 2010, the Defendant received a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving), and on January 25, 201, the same court issued a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (drinking driving), and on April 19, 2013, the same court issued a fine of KRW 5,00,000 as a crime of violating the Road Traffic Act (dacting driving) and violated Article 44(1) of the Road Traffic Act more than twice.

[2] On December 30, 2015, the Defendant was under the influence of alcohol content of 0.169% in blood around 00:50 on December 30, 2015, and driven B K7 cars from the 1km section to the front road of the “falpulon walon,” located in the north-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul to the front road of the same Sungdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Violation of traffic laws on roads, notification of the results of regulating drinking driving, and entry of a statement in the situation of the driver who takes driving on roads;

1. Entry in the ledger of use of the measuring instruments for drinking;

1. Images of on-site photographs;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, reporting of the previous convictions in the disposition, reporting of the results thereof, and applying each of the Acts and subordinate statutes

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime again despite the fact that the Defendant had been sentenced to three times a fine due to drinking driving; (b) the Defendant’s blood alcohol concentration reaches 0.169%; (c) the Defendant has no record of criminal punishment exceeding a fine; and (d) the Defendant’s acknowledgement of the crime and reflects the Defendant’s age, sex behavior, environment, etc.; and (c) the instant sentencing conditions indicated in the argument are considered.