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 April 27, 2011, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on April 27, 201, and two million won for the same crime in the same court on February 14, 2012.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as seen above, on November 22, 2017, the Defendant driven a CCom-sports car in the 2km section from the front side of the upper wing at 466 to the same 752-day road in Seoul, Jung-gu, Jung-gu, Seoul, while under the influence of alcohol content at 0.09% among the blood transfusions around November 22, 2017.

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: Inquiry about criminal history and application of Acts and subordinate statutes of each 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, even though the defendant had been punished twice due to drinking alcohol driving in the past, commits the instant crime again, taking into account the circumstances such as the fact that the defendant had committed the instant crime at the time of the instant case, and the fact that the amount of alcohol concentration is very high. The defendant recognized the instant crime and reflects the mistake, the defendant did not have any particular criminal record other than the punishment for a fine imposed twice due to drinking driving in the past, and there is a family member to support the defendant.