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

Punishment of the crime

[criminal history] On December 5, 2013, the Defendant issued a summary order of KRW 4 million to a fine for a violation of road traffic law at the Seoul Central District Court on the part of December 5, 2013; on February 18, 2014, the Seoul Central District Court issued a summary order of KRW 5 million to a fine; on July 18, 2014, the Seoul Central District Court issued a summary order of KRW 5 million. On July 18, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death or Injury caused by Transfer), a violation of Road Traffic Act (Drinking without Permission), a violation of Road Traffic Act (Drinking) at the Seoul Central District Court on the part of August 26, 201 and the said judgment became final and conclusive for the period of suspended execution.

[2] On November 10, 2015, around 02:30 on November 10, 2015, the Defendant driven CK7 cars while under the influence of alcohol with approximately 0.158% alcohol concentration from the 1km section to the high-priced road in Seocho-gu Seoul, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the record of drinking alcohol measurement, a report on the detection of a driver involved in drinking, and a report on the circumstances of the driver involved;

1. Photographs of vehicles;

1. Previous convictions: Investigative inquiries about criminal history, investigation reports (the criminal records of the same kind of crime as the suspect, the confirmation of a suspended sentence), two copies of summary orders, and application of the same Act and subordinate statutes of one copy of the judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant, as stated in its reasoning, has the ability to drive alcohol twice more; (b) there are many other criminal records such as the crime of injury, etc.; and (c) even during the period of suspension of execution, the Defendant again committed the instant crime of driving alcohol.

In the blood, the driver was driving in a state of obsesses exceeding 0.1% alcohol concentration in the blood.

In order to correct the character and behavior of the defendant's drinking driving which seems habitually, a sentence of punishment is deemed inevitable.

As well as the above circumstances, the Defendant’s age and age.