A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On November 9, 2009, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act. On July 26, 2012, the Seoul Central District Court received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving).

[2] On September 26, 2017, at around 00:55, the Defendant driven a Jin Apartment apartment located in Yeongdeungpo-gu Seoul Metropolitan Government International Finance Co., Ltd., 108-6, with approximately 500 meters alcohol concentration of 0.253% under the influence of alcohol level from the front side of the Jin apartment located in Yeongdeungpo-gu Seoul Metropolitan Government to the front side of the 61-2 leisure.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control, inquiry about the results of crackdown on drinking driving, circumstantial statement of the driver placed at driving, and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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;

1. The grounds for sentencing two times under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures, but there is no previous conviction in addition to fines twice, and the amount of alcohol concentration in blood is high, and other factors such as Defendant’s age, environment, driving background, driving distance, and circumstances after committing the crime, etc.