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

However, the execution of the above sentence 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 October 1, 2010, the Defendant received a summary order of 2.5 million won as a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court (Seoul Central District Court). On February 20, 2014, the Defendant received a summary order of 4 million won as a fine for a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court on February 20, 2014. On April 14, 2016, the Defendant received a summary order of 6 million won due to a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court.

[2] Around 00:05 on June 22, 2016, the Defendant driven a Bran vehicle with alcohol content of about 0.066% while under the influence of alcohol at a section of about 500 meters from the roads near the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seodong-ro 12-ro, Seocho-gu, Seocho-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at drinking and the result of measurement of drinking;

1. The driver's license ledger;

1. Previous convictions: Application of the Acts and subordinate statutes applicable to inquiry about criminal history and investigation reports (reports before and after drinking, attaching a summary order);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that no criminal record exists, the fact that he/she reflects his/her gender, and other consideration, such as the age, sex, environment, etc. of the defendant);