A defendant shall be punished by imprisonment for six 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 July 14, 2006, the Defendant was sentenced to a fine of 700,000 won for a violation of road traffic law at the Seoul Western District Court on July 14, 2006, a fine of 1 million won for the same crime at the Seoul Central District Court on March 6, 2007, and a fine of 1 million won for the same crime at the Seoul Central District Court on November 23, 2007, and a person who had been sentenced to a suspended sentence of 2 or more times for 6 months in prison for the same crime at the same court

On May 18, 2017, at around 02:55, the Defendant driven B B bentts with alcohol content of about 200 meters from the front point of “Coda” located in the Cheongdamdong in Gangnam-gu Seoul Metropolitan Government to the front road of the Cheongdam elementary school located in the same Dong to the day on which the Defendant was under the influence of alcohol of about 0.126%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol, an investigation report (report on the situation of the driver of drinking alcohol), and an investigation report;

1. Previous convictions: A written reply to inquiry, such as criminal history, investigation report (the confirmation of the same type of force), text of the judgment, and the list of evidence of each summary order, are indicated as "three copies of the summary order" at least ten times, but the summary order is two copies of the summary order and the remainder of the summary order is the judgment.

Therefore, the summary of the evidence is modified and stated accordingly.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances such as the fact that the defendant was punished three times due to drinking driving in the past and again commits the instant crime, and that the amount of alcohol concentration in blood is relatively high at the time of detection);

1. Article 53 and Article 55(1)3 of the Criminal Act for the Reduction of Small Quantity (the fact that the defendant recognizes all the criminal facts, the defendant reflects the criminal facts, has no record of being punished by imprisonment without prison labor or any heavier punishment before the instant case, the fact that there is no previous record of driving under the influence of alcohol after 2007, and the distance of driving under the influence of alcohol is relatively short.