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 August 22, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on August 22, 2008, and a fine of two million won as a crime of violating the Road Traffic Act at the Seoul Central District Court on April 29, 2013.

around 23:00 on May 16, 2017, the Defendant driven C Food 2008, while under the influence of alcohol content of about 10 meters in blood alcohol at approximately 0.211% in front of Dongdaemun-gu Seoul, Seoul.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of the driver at home, a statement on alcohol during blood, an investigation report, and a report on the detection of the driver at home (blood collection);

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 is that the defendant had been punished twice due to drinking alcohol in the past, and again commits the crime of this case, considering the circumstances that are disadvantageous to the defendant, such as the fact that the amount of alcohol concentration in blood during blood at the time of this case is very high and the occurrence of traffic accidents, and that the defendant reflects the fact that the defendant recognized the crime of this case, that the defendant has no special criminal record other than the punishment imposed by a fine due to driving of alcohol in the past, and that there are family members to support the defendant.