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

【The Defendant issued, on December 1, 2003, a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving), on April 27, 201, a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court, and on September 4, 2014, a summary order of KRW 4,00,000,000 was issued by the Seoul Southern District Court as a violation of the Road Traffic Act (drinking driving), respectively.

【Criminal facts” around October 15, 2017, the Defendant driven Bolf 2.0 TMM vehicle while under the influence of alcohol concentration of about 0.268% in the direction of approximately 1.5km up to the front road of about 172-17 of the same Si-ro Do-ro 176, the same Do-ro Do-ro 8-3, the same Do-ro Do-ro Do-ro Do-ro 608.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry and a written inquiry, a report on investigation (Attachment to the same previous conviction and the 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been subject to punishment three times or more due to drinking driving; (b) the alcohol concentration in blood is significantly high by 0.268%; and (c) the Defendant’s mistake is against himself/herself; and (d) the fact that he/she was not subject to punishment in excess of the fine is considered as a favorable circumstance, taking into account various sentencing conditions as shown in the instant argument, and determining the same type of punishment as the order.