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 March 16, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on March 9, 2012, the Incheon District Court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving).

[2] On March 22, 2017, the Defendant driven a C car with alcohol content of about 30km from the distance of 0.112% in blood to the access road to the river north of the Gangseo-gu Seoul Metropolitan Government, from the inside circulation in the Seongbuk-gu, Mapo-gu, Seoul, to the extension of the access road to the Gangseo-do.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Investigation report (the application of the above dmark formula);

1. Records of judgment: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to summary orders), and summary orders and regulations;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Even though the Defendant had had been punished three times for the same crime, and again committed the instant crime. - There is no record of criminal punishment exceeding the fine due to the same crime, and later, the Defendant did not repeat the crime, such as selling the vehicle in possession, etc.