A defendant shall be punished by imprisonment for not more than ten months.

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 21, 2007, the Defendant issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 28, 2007, and issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 28, 2007, and on March 30, 2010, the Defendant issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 30, 2010, and on May 9, 2013, the Defendant issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on May 9, 2013.

As above, the Defendant, who violated the duty of prohibition of driving under the influence of alcohol twice or more, once again, driven a DSS5 vehicle from C underground parking lot located in Guro-gu Seoul to C, with a level of about 100 meters from around November 3, 2018 to C, while under the influence of alcohol level of 0.142%, around November 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the results of the control of drinking driving, the details of control, and CCTV images;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act: (a) the reasons for the sentencing under Article 62-2 of the Social Service Order; (b) the previous conviction and four times [The sentence like the order shall be determined by taking into account the following two factors: (c) the measuring values of drinking alcohol (0.081% in 2007; 0.098% in 2007; 0.17% in 2010; 0.080% in 2013); (d) the risk of recidivism and reflectivity

It is so decided as per Disposition for the above reasons.