A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 6, 2011, at the Seoul Northern District Court, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and on October 25, 201, at the same court, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On July 10, 2016, at around 22:25, the Defendant driven BM5 car while under the influence of alcohol concentration of 0.199% on the front of the Mansan-ro 713 New Embial, Jung-gu, Seoul.

As a result, the Defendant again driven a motor vehicle in violation of the above provision as a person who violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (previous and confirmation);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that the person has been subject to two times of punishment due to drunk driving, and the circumstances favorable to the point that the person receiving alcohol is high: the fact that the person is against the law; and