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

On April 29, 2009, the Defendant was issued a summary order of KRW 15 million by a fine for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site on April 29, 2009, and a fine of KRW 4 million by the same court on June 20, 2014.

On June 13, 2015, the Defendant, who was punished for two-time drinking driving, driven B rocketing car at approximately 2 km from the front of the road in front of the influent drinking house fluent in the middle of Pyeongtaek-si Egnib, in the U.S. 437-6 under the influence of 0.223% of alcohol level around 22:5 on June 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a drinking driver and a written appraisal of blood alcohol;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. In light of the fact that the defendant had a record of being subject to criminal punishment several times for sentencing under Article 62-2 of the Criminal Act, the fact that he/she operated the motor vehicle of this case without a license in a considerable drinking situation even though he/she had been sentenced to punishment for the same kind of drinking driving, the criminal liability is very unlimited, but the defendant is willing to recognize the facts charged of this case and not to repeat again, the defendant has no record of being punished in excess of a fine due to the same mistake, the defendant has no record of being punished in excess of a fine due to the same mistake, such as the fact that he/she currently received navigation cancer treatment, and the defendant's age, character and behavior.