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 June 18, 2009, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on December 29, 2009, and was sentenced to a fine of 5 million won as a crime of violating the Road Traffic Act (drinking driving), etc. at the Seoul Northern District Court on December 29, 2009. On May 7, 2014, the Defendant was sentenced to a fine of 5 million won as a crime of violating the Road Traffic Act (drinking driving) on more than two occasions.

Nevertheless, at around 04:20 on September 17, 2017, the Defendant driven a B B B B B B-B-be motor vehicle under the influence of alcohol concentration of about 0.148% from the 14km-dong, Yeongdeungpo-gu, Seoul, to the Round of Young-gu, Seoul, to approximately 14km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Photographs of records of drinking alcohol measurement;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. An order to attend a course under Article 62-2 of the Criminal Act;