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 January 26, 2010, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million due to a violation of road traffic laws. On September 1, 2011, the Defendant received a summary order of KRW 1 million from the Jung-gu District Court to a crime of violation of road traffic laws.

Criminal facts

On December 6, 2016, the Defendant, as a person who violated the foregoing provision on the prohibition of drinking twice or more, drives a DM5 vehicle under the influence of alcohol with approximately 0.124% alcohol concentration at a section of about 5 meters inside the parking lot on the front of the 24th passenger line, who is a citizen of the Do Government-si on December 3:27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report, traffic accident report, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (in the case of reflectivity, the distance from driving under drinking is about five meters, the reason for driving under drinking, and the sale of vehicles);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Consideration of the same previous conviction and twice, the fact that a physical accident occurs due to driving of drinking at the time, and circumstances favorable to him/her: The driving of drinking, the fact that the distance of driving of drinking is excessive by 5 meters (the fact that a proxy driver moves a vehicle parked on the road to a parking lot and makes the driver drive drinking while driving the vehicle on the road): The decision on the sale or sentence of the vehicle: Other consideration of the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc.;