A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On May 4, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on June 4, 2015.

On February 23:00 on the road near Mapo-gu Seoul Metropolitan Government on February 12, 2018, the Defendant driven a BSpo-gu car under the influence of alcohol concentration of approximately 0.110% in the section of about 10km from the 10km to the road in the 6-day area of the 10km of the Hayang-gu Seoul Metropolitan Government.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle while under the influence of retoxicated.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning criminal facts as to the option of punishment (the selection of imprisonment, blood alcohol concentration, career of the same kind of crime, circumstances of driving, etc.);

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;