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

On July 14, 2006, the Defendant was issued a summary order of KRW 2,500,000 as a crime of violating road traffic laws (drinking driving) at the Seosan Branch of the Daejeon District Court on July 14, 2006, and on July 21, 2017, the Seoul Western District Court issued a summary order of KRW 5,00,000 due to a crime of violating road traffic laws (drinking driving).

On August 5, 2017, the Defendant, while under the influence of alcohol content of 0.229% in blood without a driver’s license on August 18:30, 2017, driven the FM7 car at the section of about 2 km from the front of the city bus terminal in Eunpyeong-gu Seoul Metropolitan Government, via Dsanbu and the front road in Eunpyeong-gu, Seoul, to the front of the Defendant’s house located in Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same force of the suspect and attachment of relevant judgments);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, sex, family environment, motive for committing the crime, circumstances after committing the crime, etc. shall be determined by taking into account the sentencing conditions stipulated under Article 51 of the Criminal Act.

O drinking is likely to lead to a traffic accident if a person drives a drinking by affecting his physical ability, and the defendant caused a minor contact accident while driving a drinking, and the risk of drinking driving was realized.

O The Defendant was punished twice due to drinking driving as stated in the judgment, and on July 21, 2017.