A defendant shall be punished by imprisonment for not less than eight months.

except that 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 August 11, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on August 26, 2009, a fine of seven hundred thousand won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on August 26, 2009, and five million won for a violation of the Road Traffic Act (driving) at the Jungyang Branch of the Seoul Central District Court on January 28, 2010, respectively.

On August 10, 2013, at around 01:10, the Defendant driven a B B B B B-type car with a blood alcohol content of about 500 meters from the front of the KBS villa located in Youngdong, Yeongdeungpo-gu Seoul Metropolitan Government to the road of about 13-8 of the Dongjak-gu Seoul Metropolitan Government Nowon-gu Nowon-gu to the road of about 500 meters.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and a statement of blood alcohol appraisal;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);