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 October 18, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and a fine of KRW 5 million for a violation of the Road Traffic Act at the same court on December 5, 2014, respectively.

Although the Defendant had had had a alcohol driving twice as above, on November 11, 2015, the Defendant driven Bho-do car under the influence of alcohol with approximately 0.1% of blood alcohol concentration at approximately 300 meters from the front line of a main line where it is impossible to identify the neighboring trade name of the Song-dong, Seo-gu, Seo-si, Seo-si, Seo-si, from November 11, 2015 to the front line of the 300m radius of the No. 229, Seo-gu, Seoul Metropolitan City.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order and order to attend a lecture, Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, has five times or more of the records of punishment for the same kind of drinking driving, but the responsibility for the instant vehicle is very heavy in light of the driving of the instant vehicle in a considerable state of drinking.

However, the fact that the defendant acknowledges the facts charged in this case, reflects his mistake, and does not repeat the crime, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc., are considered as the disposition.