A defendant shall be punished by imprisonment for six 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 September 9, 201, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and on April 4, 2016, the Defendant received a summary order of KRW 3 million from the Incheon Central District Court to a violation of the Road Traffic Act (drinking driving).

On December 3, 2016, around 02:52, the Defendant driven a CFD car while under the influence of alcohol concentration of about 0.104% from the Do of Songpa-gu Seoul Songpa-gu to the road of approximately 91 km-ro, Songpa-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. A previous conviction: Application of a written inquiry and a written reply;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that the suspended execution reflects the error in depth);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;