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 November 10, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Daejeon District Court, and on October 6, 2014, the same court issued a summary order of KRW 4 million as a fine for the same crime.

Criminal facts

On April 5, 2017, the Defendant driven a B rocketing car with approximately 50 meters alcohol concentration of about 0.164% in alcohol on the front side of the Seo-gu Seoul Metropolitan City “Dain,” located in Seo-gu Seoul Metropolitan City, Seo-gu, Seoul Metropolitan City, from around 00:0 to the front side of the “Gagma 24 Sin-gu, Seo-gu, Seo-gu.”

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that three times the criminal records of drinking alcohol driving, the circumstances favorable to the substantial high drinking volume of this case’s drinking alcohol: The confession and reflectability, and the fact that all the records of the above drinking driving are the records of fines; and