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 August 29, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and a fine of KRW 2 million for the same crime at the Incheon District Court on March 15, 2016, respectively.

On May 1, 2017, at around 01:03, the Defendant driven a motor vehicle with alcohol level of 0.158% while under the influence of alcohol level of 0.158% at around 191, from the front of the horizontal electric railroad station in Dongdaemun-gu Seoul Metropolitan Government, to the entrance road of the expressway 191, the line of Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control, inquiry of the results of crackdown on drinking driving, and a statement of the circumstances of the driver of the driving;

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

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. The fact that an order to attend a lecture has been subject to punishment twice due to drinking without a license for the reason of sentencing under Article 62-2 of the Criminal Act, two times due to driving without a license, the driving distance is substantial, the alcohol concentration in blood is high, and circumstances, such as circumstances after the crime, etc. are considered;