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

[criminal history] On January 13, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic laws at the Seoul Western District Court (drinking driving) and a fine of KRW 4 million as a crime of violating road traffic laws at the Seoul Central District Court on November 24, 2014.

[2] On March 13, 2016, the Defendant driven a motor vehicle from approximately 1 k’s section to about 0.163% of alcohol level while under the influence of alcohol level B at approximately 0.163%, from the 1stm section to the ambalian road located in Jung-gu, Jung-gu, Jung-gu, Jung-gu, Seoul, Seoul, to the ebbane road in the same Dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and again driven a motor vehicle while under the influence of alcohol by violating the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

1. A response to a request for appraisal (2016-W-1402), a report on the detection of a primary driver (2015-6 - 1706-067);

1. On-site photographs;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (a), and attachment of the same type of crime and text of the judgment), application of each summary order under Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reason for sentencing of Article 62-2 of the Criminal Act, such as the protection and observation, community service order, and order to attend a lecture, even though the Defendant had been punished three times due to drinking driving, and the Defendant again committed the instant crime on February 22, 2016 after the driver’s license was revoked due to the recent crime of drinking driving. The Defendant committed the instant crime on February 22, 2016. At the time of the instant crime, at the time of the instant crime and the instant crime committed a violation of the Traffic Act (driving) by the Defendant’s blood alcohol concentration was significantly high, and the Defendant was disadvantageous to the Defendant.