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

except that 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 April 17, 2008, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act, etc. at the Seoul Western District Court on April 17, 2008, and a fine of 2.5 million won by the said court on January 31, 2008, respectively.

On October 7, 2013, at around 01:57, the Defendant, while under the influence of alcohol concentration of 0.159%, driven a nish-do car with approximately 3 meters in front of the Gangseo-gu Seoul Metropolitan Government 927, Gangseo-gu.

The Defendant, who has violated the prohibition provisions on driving under the influence of alcohol not less than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of measurement of drinking alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession and reflective points, and other factors such as the distance from driving a motor vehicle and the circumstances leading to the crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);