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

On January 31, 2002, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (drinking driving), and on November 7, 2002, the same court issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (drinking driving). On May 2, 2008, the same court was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving), and on June 28, 2010, issued a summary order of KRW 3 million by the same court.

On April 28, 2016, the Defendant driven a CSpo-type vehicle under the influence of alcohol content of about 0.109% from the 5km section from the 5km section to the 67-44m public morals in Kim Jong-si, where it is difficult to know the trade name located in the Mo-dong in the Yasan City, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. A report on internal investigation:

1. Report on the use of a drinking gauge, report on the circumstances of a drinking driver, report on the results of regulating the driving of drinking, and report on the circumstances of driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and a copy of the judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 subparagraph 1 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for protection observation, community service, and order to attend lectures - Circumstances unfavorable to the defendant: The driving of alcohol and four times before and after the suspension of execution; the circumstances favorable to the defendant - There are no criminal records of the same kind or more before the suspension of execution (the suspension of execution, which was sentenced on May 2, 2008, pertaining to the attempt to commit fire-fighting of the existing structure), and the children under three years of age, etc. - The punishment prescribed in Article 51 of the Criminal Act is imposed.