A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 8, 2006, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Seoul Western District Court on December 8, 2006, and a summary order of KRW 3,50,000 to a fine in the same court on November 7, 201.

【Criminal Facts】

On June 28, 2016, around 06:06, the Defendant driven a B car under the influence of alcohol concentration of approximately 0.070% from a section of approximately 1km to the front day of the entrance of the Heungyang-gu Seoul, Seoyang-gu to the unification of Eunpyeong-gu, Seoul, 1093, while driving the C car under the influence of alcohol concentration of about 0.070%.

Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of drinking power, and copies of summary orders);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture in this case, even though the defendant had been punished three times or more including the criminal records already stated in the judgment, and again, it is necessary to make the corresponding strict punishment.

However, the execution of imprisonment is suspended in consideration of the following: (a) the Defendant’s mistake is divided; (b) the above drinking driving force is relatively long time; (c) there have been no other criminal records except drinking driving during the last twenty years; and (d) the blood alcohol concentration of the instant case is not very high.