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

[criminal history] On January 11, 2011, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1.5 million for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on July 22, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Gangseo Branch Branch of the Chuncheon District Court.

[2] On October 22, 2017, around 06:50, the Defendant driven CW car under the influence of alcohol with approximately 0.063% alcohol concentration on the 5km section from the front Do to the 15-lane apartment road in Seocho-gu Seoul, Seocho-gu, Seoul, for the following reasons: (a) around October 22, 2017, the Defendant driven CW car under the influence of alcohol with approximately 0.063% of alcohol concentration on the blood.

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. A protocol concerning the examination of the police officers of the accused;

1. Report on the situation of driving under the influence of liquor, report on the situation of the driver under the influence of liquor, investigation report (report on the situation of the driver under the influence of liquor), record on the measurement of drinking, and report on the results of regulating

1. Each investigation report (No. 13, No. 19 once a year);

1. On-site photographs (No. 9 once a year);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same kind), case inquiry, and copy of the judgment (No. 18) shall be applied by the Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a sentence of alternative imprisonment with prison labor [Considering the circumstances, such as the fact that the defendant had already been punished four times due to drinking driving, but again led to the instant crime, and that the distance from driving a drinking driving is relatively long];

1. Articles 53 and 55(1)3 of the Criminal Act of the Reduction of Small Quantity mitigated (i.e., the Defendant’s acknowledgement of all criminal facts and reflects the criminal facts; the Defendant was not punished by imprisonment without prison labor or any heavier punishment before the instant case; and the Defendant’s addition of alcohol concentration in blood at the time of detection is relatively low).