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

The Defendant, at the Seoul Northern District Court on August 24, 2007, was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on October 9, 2007, and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on May 3, 2010, respectively.

On August 1, 2017, the Defendant driven a “C” motor bicycle in the section of approximately 1 km from the front side of the Seoul Northern-gu Seoul Northern-ro to the road 74 in the same old sea route while under the influence of alcohol content of 0.124% during blood transfusion.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant had been punished for a fine twice due to drinking alcohol and driving without a license in the past, but again commits the instant crime, considering the fact that he/she again committed the instant crime at the time of the instant case, such as the fact that the amount of alcohol concentration is very high at the time of the instant crime, and the defendant recognized the instant crime and reflects the mistake, and that the defendant has no record of punishment in excess of the past fine, etc., considering favorable circumstances.