A defendant shall be punished by imprisonment for not more than ten 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

On August 12, 2008, the Defendant was sentenced to a suspended sentence of six months in Seoul Eastern District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of two million won in the same court on July 13, 2007 as a crime of violating the Road Traffic Act (drinking driving).

Criminal facts

On September 10, 2015, the Defendant driven CM5 car under the influence of alcohol content of about 0.354% in blood on the 1km section from the front of the convenience store 25 city in Seongbuk-gu, Seongbuk-gu, Sungnam-gu to the front of the 669 "Non-Cule CM5 car under the influence of alcohol content of about 1k to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that two years of suspended sentence of October for the reasons of the punishment of Article 62-2 of the Criminal Act, including the observation of protection, community service, and lecture attendance order, and the fact that the defendant again committed the instant crime despite having the same criminal record, and that the blood alcohol concentration in the blood was very high at the time of driving, etc., which are disadvantageous to the defendant or that the defendant would not repeat again, in the light of the circumstances or the defendant'

In addition to the fact that the defendant's age, sex, occupation, living environment, motive, means and result of the crime, all other circumstances that are conditions for sentencing, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.