A defendant shall be punished by imprisonment for not less than eight 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 May 24, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (dacting driving) from the Incheon District Court’s Branch branch on May 24, 2012, and on July 13, 2012, the Seoul Northern District Court received a summary order of KRW 6 million as a fine for a violation of road traffic law (dacting driving).

[2] On October 30, 2017, around 21:45, the Defendant driven B K5 cars while under the influence of alcohol with approximately 800 meters alcohol content 0.244% from the 80-meter section of blood to the 230-day Seoul Jongno-gu, Jongno-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. A statement of alcohol alcohol or a report on the detection of a primary driver during blood (No. 17 on a net basis);

1. 112 A list of reported cases;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the same type of criminal record and the summary order), and a copy of each summary order (No. 22 times a net time);

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

1. Selection of alternative imprisonment with prison labor (the defendant has already been punished twice due to drinking driving, but again commits the instant crime, taking into account the circumstances, such as the fact that the defendant has again committed the instant crime and that the blood alcohol concentration is very high at the time of detection);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (including the following circumstances: (a) the accused recognizes all criminal facts and reflects the criminal facts; and (b) the accused does not have any penalty heavier than the fine before the instant case;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;