A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 26, 2010, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on March 26, 2010, and was sentenced to a total of two previous crimes.

On September 1, 2017, around 03:42, the Defendant driven a BOp car under the influence of alcohol content of about 0.313% from around 120 meters to around 10-day 1 Ostren-ro 10-ro 10-ro 10-ro 10-ro 10-ro 10-ro 10 in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, on-site photographs at the time of crackdown, inquiry into the results of crackdown on drinking driving, circumstantial statement of the driver under command, response to requests for appraisal, and report on the detection of the driver under command;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Relevant Article of the Act and Articles 148-2 (2) 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. Although the reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was proper to refuse to measure drinking around 2006 and a fine for driving around the light of alcohol in 2010, the Defendant’s criminal liability for the instant crime committed by the Defendant, which was once discovered due to driving in the state of drinking 0.313% in blood, is not easy.

However, in addition to the defendant's age, sex, environment, and fines on the two occasions, there is no previous conviction, circumstances such as driving circumstances, driving distance, timing of punishment in the past, circumstances after the crime, etc. shall be determined like the order.