A defendant shall be punished by imprisonment for not less than eight 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 February 5, 2013, the Defendant received a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) from the Seoul Western District Court on February 5, 2013, and a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) from the Seoul Northern District Court on December 21, 2017.

On January 4, 2019, at around 02:00, the Defendant driven a B K7 car under the influence of alcohol content of 0.096% while under the influence of alcohol, from the subway station near the subway station located in Dobong-ro 376, to the East-ro, Seoul, Nowon-gu, to the East-ro, 450, the East-ro, Seoul, Seoul, and the East-ro, the underground car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Previous records: Application of criminal records, etc. 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. Although the Defendant had been punished twice by a fine due to drinking driving, etc., the Defendant again had the record of serving the instant drinking driving, which led to an accident involving underground driving, and thus, it is necessary to punish the Defendant accordingly.

However, there is no heavy criminal punishment that the defendant has divided his or her wrong and reflects his or her wrongness, and is more severe than a fine.

Even in an economic difficult situation, the defendant is engaged in faithfully occupational activities in his/her own technical profession.

Considering these circumstances, and the conditions of multiple sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, etc. of the defendant, the defendant is believed to be different only once and the execution of the above imprisonment is suspended, and the sentence is determined as ordered.