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 July 26, 2012, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking) at the Seoul Central District Court on July 26, 2012, and on November 10, 2006, the Seoul East District Court sentenced a fine of five million won due to a violation of road traffic law (drinking).

[2] On November 16, 2017, the Defendant was under the influence of alcohol content of 0.129% in blood around 20:00, the Defendant driven B B B B B in the section of about 50 meters from the 50-meter radius from the vicinity of the Hanwon Park Jong-ro 43-ro, Jongno-gu, Seoul to the front of the National Assembly members 290 Han-ro with the same color.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, investigation report (report on the circumstances of the driver under the influence of alcohol), inquiry about the results of crackdown on driving under the influence of alcohol, and notification

1. Making teas;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (No. 16 No. 16) statute, such as criminal history;

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

1. Selection of imprisonment with prison labor as a matter of choice of punishment (the defendant has been subject to six times or more due to drinking in the past, while being subject to punishment for suspended sentence, and driving again under drinking while being subject to punishment for suspended sentence, and the degree of alcohol concentration in blood is relatively high shall be considered);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (including the following circumstances: (a) the accused reflects the criminal facts while recognizing all the criminal facts; and (b) the accused has not been punished by imprisonment without prison labor or any heavier punishment 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;