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

On November 26, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on December 29, 2008, the Defendant was issued a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch Branch of the Incheon District Court on December 29, 2008. On May 20, 2014, the Seoul Southern District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

On February 12, 2017, at around 21:40, the Defendant driven B K3 cars with alcohol concentration of about 0.152% in the two-meter section from the front road of Gangseo-gu Seoul Metropolitan Government Gayangdong 8 Complex to the front road of about 797-1 of the same Masandong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the situation of the driver involved, the written appraisal and response, and the report on the detection of the driver involved;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record 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. Circumstances, such as the fact that a person was punished by a fine due to drinking driving on three occasions for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures, the fact that there was no previous conviction exceeding a fine, driving circumstances, driving distance, the amount of alcohol concentration in blood, circumstances after the crime, etc.