A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On February 13, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Suwon District Court. On August 7, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on July 12, 2012, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act at the Seoul Southern District Court.

On July 9, 2016, at around 02:10, the Defendant driven a CFunna car under the influence of alcohol content of about 0.140% from the fourth section of the Gando department store located in Yeongdeungpo-gu Seoul Metropolitan Government International Financero 6:33, to the front road of Sigsan Elementary School located in 55-ro 32, Yeongdeungpo-gu, Seoul Metropolitan Government.

As a result, 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 content 0.140%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents, reports on the situation of a drinking driver, and reports on the results of the control of a drinking driving;

1. Previous records of judgment: Criminal records, inquiry records, copies of summary order, application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include a criminal record who has been punished three times due to drunk driving, and among them, the court, on July 12, 2012, included the one-year punishment of suspended sentence in the six months of imprisonment, again carried out a dry drinking driving.

The defendant's drinking level is relatively high.

However, there is no loss of human life or property due to simple driving, about four years have passed from the last crime of drunk driving, and about four family members who should support the defendant.