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

On May 21, 2007, the Defendant was charged with violating the Road Traffic Act at the Seoul Mine Police Station, and was charged with a fine of one million won on June 15, 2007 at the Seoul Eastern District Court, and was charged with a violation of the Road Traffic Act at the Seoul Gangseo Police Station on December 29, 2007, and was sentenced to a fine of one hundred and fifty thousand won on January 11, 2008, respectively.

On January 14, 2013, at around 17:44, the Defendant driven a chip car with approximately 3 kilometers from the Hanam-si Hanam-si, Gangdong-gu, Seoul to the road 495 front of the 495-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;

1. Circumstances leading to the investigation report;

1. Previous conviction: Application of a reply to criminal records and statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of a motor vehicle under the influence of alcohol is disadvantageous to the defendant, even though the defendant had been sentenced to a fine on three occasions, including the criminal records as indicated in the judgment of the court below.

However, given that there is no record of punishment heavier than a fine for the defendant, there is a favorable condition for the defendant, the sentence shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, in these circumstances.

It is so decided as per Disposition for the above reasons.