A defendant shall be punished by imprisonment for not more than ten 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

On December 21, 2011, the Defendant is a person who has a record of drinking driving twice or more by receiving a summary order of a fine of KRW 3.5 million from the Seoul Southern District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 2 million from the Seoul Southern District Court on April 9, 2013.

Around 03:50 on July 7, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.248%, and the Defendant driven approximately 1 km from the vicinity of the head of Gangseo-gu Office in Gangseo-gu, Seoul, to the same 390-day road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and the results of the appraisal of the National Institute of Scientific Investigation;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. 0 favorable circumstances with the reason of sentencing under Article 62-2 of the Criminal Act: A person shall not have any criminal record, in addition to the punishment of a fine on three occasions;

(k) An unfavorable normal situation: A person who has been punished twice due to a drunk driving and has a high level of drinking alcohol.

An occupation.0 Other circumstances, such as driving circumstances, driving distance, and circumstances after crimes, shall be considered.