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] The defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on June 17, 2008, a fine of one million won for the same crime at the Seoul Western District Court on May 18, 2009, and a fine of five million won for the same crime at the Seoul Western District Court on March 28, 2012, respectively.

【Criminal Facts】

On October 17, 2014, from around 23:05 to 23:07, the Defendant driven CK3 car under the influence of alcohol with approximately 0.114% of the blood alcohol concentration in the section of about 353 meters from the roads near the Hanyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the roads near the Taeyang-gu, Seoyang-gu, Seoyang-gu, 1309.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous convictions indicated in judgment: References to criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to summary orders concerning the same attached power);

1. Articles 148-2 (1) 1 and 44 (1) of the Criminal Act concerning the relevant criminal facts, the choice of imprisonment;

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

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

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the crime of this case again even though he/she was punished on the ground that he/she had been punished twice or more for the same kind of crime, and in particular, even though he/she had been punished on the ground that he/she was under drinking driving, he/she committed the crime of this case.

In addition, the blood alcohol concentration level is not mentioned.

On the other hand, however, the defendant seems to have driven a short distance from the shortest point of time, and the defendant's age, character and conduct, environment, motive and circumstances are determined by taking into account all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive and circumstances.