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 September 30, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Seoul Northern District Court on August 30, 2008, and was sentenced to a fine of four million won for a violation of road traffic laws at the Seoul Northern District Court on June 22, 201.

On February 18, 2017, around 22:36, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 1k alcohol concentration of about 0.083% from the 1km section from the west-gu Seoul Northern area to the subliminary road located in 179, Gangnam-gu, Seoul.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished five times due to driving under the influence of alcohol in the past, but again commits the instant crime. Considering the fact that the Defendant’s blood content at the time of the instant crime is relatively high to 0.083% at the time of the instant crime, the Defendant recognized the instant crime and against the mistake, and that there are family members to support the Defendant, etc., a punishment should be determined by considering the favorable circumstances.