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

However, 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

[criminal power] On September 24, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on September 24, 2010, and on January 6, 2012, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) and violated Article 44(1) of the Road Traffic Act twice.

[2015 Highest 238] On March 9, 2015, the Defendant driven a motor vehicle with low alcohol level of 0.155% alcohol level from the 1km section to the roads near the budgetary terminal of the Chungcheongnam-gun Seoul Budget-gun to the roads front of the same Eup.

[2015 Highest 288] On April 20, 2015, the Defendant driven C low-speed car with approximately 600 meters alcohol content 0.189% under the influence of alcohol, from the road near the budget new funeral hall located in the Seoul National Budgetary Seoul National University to the roads in front of the National Agricultural Cooperative, the Seoul National Agricultural Bank, Inc. in the same route.

Summary of Evidence

[Judgment 2015 Highest 238]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the entry of a driver from an employer (the fact that an electronic document was rendered in the judgment of 2015 high group28);

1. Defendant's legal statement;

1. A report on detection of the driver from the owner of the motor vehicle;

1. Criminal records;

1. Application of Acts and subordinate statutes to investigation reports (a summary order of the same kind of power and attachment of judgment);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has the same criminal records, and March 9, 2015.