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

[criminal power] On November 16, 2009, the Defendant was issued a summary order of 1.5 million won by the Seoul Western District Court, which imposes a fine for a violation of the Road Traffic Act, and on June 11, 2013, the Seoul Southern District Court was sentenced to a suspended sentence of 2 years in August.

【Criminal Facts】

On September 19, 2016, around 22:14, 2016, the Defendant driven a B-B car under the influence of alcohol with approximately 248 meters alcohol concentration of 0.213% from the 31st day of the Dongjak-gu Seoul Metropolitan Government Nowon-ro 18-ro, the same day to the 145th day.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of values of measurement of drinking alcohol, report on detection of drinking drivers, and report on the circumstantial statement of drinking drivers;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) the Defendant, other than the drinking driving force as stated in its reasoning, has several records of punishment for the crime of unlicensed driving or the Violation of the Special Medical Treatment Act; (b) the Defendant driven in a drinking state exceeding 0.20% of blood alcohol level; and (c) the Defendant’s age, character and behavior, environment, and circumstances after the crime, etc. shall be determined as the sentence