A defendant shall be punished by imprisonment for six 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 June 24, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court, and on July 13, 2016, the Defendant received a summary order of KRW 2.5 million for the same crime in the same court.

On April 15, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.089% in the blood alcohol content at approximately 100 meters in front of the department store New Coina New-dong, Yongsan-gu, Seoul Metropolitan City around 08:15.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of traffic laws on roads, reporting on the situation of driving at drinking, a statement of the situation of a driver at drinking, the locked appearance of a suspect and the location and photograph of a vehicle;

1. References to inquiries, such as criminal history (A), reports on investigation (the same criminal record and confirmation of the suspect), application of summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Taking into account the records of the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol in blood, the circumstances of occurrence of the case, etc.;