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 May 23, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court, and on January 22, 2015, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court.

[2] On November 27, 2016, the Defendant: (a) violated the provision prohibiting driving of drinking alcohol twice or more; (b) driven a B-gallon owned by the Defendant with approximately KRW 0.140 percent alcohol concentration from the 300m section of the blood alcohol level to the roads adjacent to the 2nd parallel of Dong-dong, Gyeonggi-do, from the roads in front of the Gamdong, Gyeong-gun, Gyeong-gun, Gyeonggi-do, to the roads adjacent to the 1064-20 Gam-dong, Gyeonggi-do, in violation of the provision prohibiting driving of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 community service order under Article 62-2 of the Criminal Act;