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 December 3, 2012, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the Jung-gu District Court (Seoul Western District Court) on December 3, 2012, and on April 4, 2013, the Defendant received a summary order of KRW 5 million for the same crime at the Seoul Western District Court.

On January 30, 2017, the Defendant driven Csch Rexn car under the influence of alcohol content of approximately 0.158% from the 2km section to the front road of the Defendant’s house located in Seoyang-gu B at Seoyang-gu, Seoyang-gu around 2017 to the front road of the Hanyang-gu, 1591, as the same Goyang-gu.

Accordingly, the Defendant has been driving a motor vehicle while under the influence of alcohol under the Road Traffic Act, even though he has violated the duty of prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (suspects and their previous convictions);

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 defendant for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though he/she could have been punished for drinking driving, again committed the crime of this case.

However, the punishment shall be determined as ordered in consideration of all the circumstances, such as the absence of any history of punishment for suspension of execution or heavier punishment and the concentration of alcohol in the blood of this case.