A defendant shall be punished by imprisonment for one year.

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 May 7, 2012, the Defendant issued a summary order of a fine of four million won at the Seoul Central District Court on the charge of a violation of the Road Traffic Act, and on September 9, 2013, the Defendant issued a summary order of a fine of four million won at the Seoul Central District Court on the charge of a violation of the Road Traffic Act, and on April 4, 2014, the Defendant was sentenced to a suspended sentence of two years.

【Criminal Facts】

On September 28, 2016, the Defendant was under the influence of alcohol of 0.120% in blood alcohol concentration at around 04:40, the Defendant driven a B-S7 car from approximately 400 meters away from the 73-38 neighboring roads in Gangnam-gu, Gangnam-gu, Seoul to the 653-5 front roads in Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to attached records of the same kind of judgment), each summary order, 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. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been found to have driven a vehicle in the state of drinking again, and the reason why the drinking driving was controlled by drinking, etc., it is judged that the defendant's drinking driving has already been habitually repeated.

However, the execution of punishment shall be suspended and the community service order shall be imposed in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, blood alcohol concentration, and circumstances after the crime.