A defendant shall be punished by imprisonment for not more than ten 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 30, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on February 24, 2015.

On June 4, 2018, at around 22:55, the Defendant driven a car with alcohol content of about 0.109% while under the influence of alcohol leveling over a section of about 300 meters, from the roads near the Plush Plux building located in the Plux-dong of Seongbuk-gu, Seongbuk-gu, Sungnam-si to the roads near the Plux Market located in the Plux-dong, Sungnam-si, Sinnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver involved in driving, inquiry into the results of crackdown on drinking, and a report on the detection of the driver involved in driving;

1. A statement on the result of blood collection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The following are the circumstances unfavorable to the Defendant: (a) the same type of criminal records and two times of sentencing under Article 62-2 of the Social Service Order Criminal Act; and (b) the driving of three times of drinking within a relatively short period of time.

However, considering the fact that the defendant has no record of punishment exceeding the fine, the confession and reflect attitude toward the crime of this case, the blood alcohol concentration is very high, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as ordered.