A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 9, 2005, the Defendant issued, at the Seoul Eastern District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on May 4, 2007, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on August 1, 2008, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on November 25, 2015, 201: (a) while under the influence of alcohol content of 0.246% during blood transfusion on November 25, 2015, the Defendant driven B K3 cars from 266 days to 422 days at the same road in Seoul Gwangjin-gu, Seoul to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of drivers of alcoholic beverages and a report on measurement of drinking alcohol;

1. Each report on investigation;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to the results of crackdown on drinking driving;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., confession, reflective attitude, criminal experience, etc.);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that one’s mistake is against his depth, the fact that there is no record of crime exceeding the fine, and other factors of sentencing such as age, sex, environment, etc. of the defendant).