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 April 4, 2007, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drinking Vehicles) and a violation of the Road Traffic Act (drinking) at the Seoul Western District Court on April 14, 2009, and was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing Vehicles) at the Seoul Western District Court on April 14, 2009, and a violation of the Road Traffic Act (drawing Vehicles) at the Seoul Western District Court on October 14, 2013, and was sentenced to a suspended sentence of two or more times for a crime of violation of the Road Traffic Act (doning without a license) at the Seoul Central District Court on October 14, 2013.

[2] On January 28, 2016, at around 08:19, the Defendant driven B-low-water vehicle under the influence of alcohol leveling 0.11% from approximately 50 meters away from the 500m section of alcohol level to the temporarily-run road in Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul, Cheonggu, to the 139-13 Olympic Games.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry into criminal history, investigation reports (verification of the records of the same kind of crime, such as driving of suspect drinking, etc.), court rulings, and application of summary orders and regulations;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the Defendant once again driven alcohol in a drinking state exceeding 0.1% of alcohol level in blood, despite the fact that the Defendant had a history of driving two times of drinking, and the sentence is determined as ordered by considering the sentencing conditions, such as the Defendant’s age, sex, environment, criminal record, criminal record and circumstances after the crime.