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 July 10, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Western District Court, and on June 25, 2010, a summary order of KRW 1.5 million for the same crime at the Seoul Central District Court. On December 6, 2012, the Defendant was sentenced to a fine of KRW 4 million for the same crime at the Seoul Western District Court and was punished for drinking more than twice.

[2] On April 19, 2017, at around 02:53, the Defendant driven a HWz car with a alcohol content of about 200 meters from the road located in Mapo-gu Seoul Metropolitan Government to the road located in 1-ro 3rd of the same Gu, PWz car with a alcohol content of about 0.107% during blood at around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, investigation report (drink driving and unlicensed driving power), and Acts and subordinate statutes;

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

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the instant records and arguments, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined by taking into account the following circumstances:

D. Unfavorable circumstances: The defendant had the record of punishment five times due to drinking driving, and the defendant again committed the crime of this case, other than the fact that he/she had the record of punishment twice due to driving without a license: The defendant recognized his/her mistake, there is no record of criminal punishment exceeding the fine.