A defendant shall be punished by imprisonment 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

[criminal history] On February 9, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws at the Seoul Northern District Court's branch on May 23, 2001, and four months from imprisonment with prison labor for a violation of road traffic laws (driving), etc. at the Seoul District Court's Seoul District Court on July 10, 2002, and eight months from imprisonment with prison labor for a violation of road traffic laws (driving) at the Seoul District Court on June 2, 2005; one year from imprisonment with prison labor for a violation of road traffic laws (driving of alcohol); on June 5, 2007, the Defendant was sentenced to one year from imprisonment with prison labor for a violation of road traffic laws (driving of alcohol); and on September 6, 2012, the Seoul District Court issued a summary order at the Seoul District Court's Seoul District Court on September 23, 201 to a violation of road traffic laws (driving of alcohol).

[Criminal facts] On May 30, 2016, the Defendant driven a D cafeteria with approximately 3 meters alcohol 0.178% under the influence of alcohol while under the influence of alcohol on the front of the D cafeteria located in Macheon-si on May 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation (to hear statements from the F phone of a witness);

1. Previous convictions: References to inquiries, application of investigation reports (verification of drinking driving records), 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. The reason for sentencing under Article 62-2 of the Criminal Act, including the crime of violating the Road Traffic Act (drinking) from 2001 to 2012, was sentenced to five times by the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act. The fact that the Defendant’s main driving of the Defendant falls short of the awareness of driving by drinking alcohol again despite having been sentenced to a fine once, and the Defendant’s main driving of the Defendant falls under a drinking state according to general standards. Although the Defendant was unable to receive a writ of summons but was notified of the fact that the trial was pending after receiving a request for attendance, the Defendant is not present on the trial date.