A defendant shall be punished by imprisonment for not less than eight 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 February 8, 2013, the Defendant was notified of a summary order of a fine not exceeding two million won for a crime of violating road traffic law (drinking driving) at the Seoul Eastern District Court on February 8, 2013, and a summary order of KRW 3.5 million for the same crime at the Seoul Western District Court on August 7, 2015.

The indictment was notified of a summary order of KRW 1 million for the same offense in the same court on July 16, 2015.

The summary order of KRW 1 million issued by the Seoul Eastern District Court on the above date seems to be erroneous as it is related to driving without a license.

[2] A person who violated Article 44(1) of the Road Traffic Act on at least two occasions on January 26, 2017, Defendant (hereinafter “Defendant”) driven BYA car under the influence of alcohol content of approximately 0.154% at a section of approximately 500 meters in front of the coffee 661-14, Gangnam-gu, Seoul, Gangnam-gu, Seoul, at the mutual influence point located in 662, Gangnam-gu, Gangnam-gu, Seoul. (hereinafter “EYA”).

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver at home, report on the detection of the driver at home, and record of the driver at home;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the same case) by Acts 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 an alternative imprisonment with prison labor ( Taking into account the circumstances, such as the fact that the defendant had already been punished twice due to drinking driving, again commits the instant crime even though he/she had already been punished, that the previous conviction was relatively recent, and that the amount of alcohol concentration during blood is a letter of high alcohol concentration);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (including the following circumstances: (a) the accused recognizes all criminal facts and reflects the criminal facts; and (b) the accused does not have any penalty heavier than the fine before the instant case;

1. Article 62 of the Criminal Act: