A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (driving) at the Seoul Northern District Court (Seoul Northern District Court) on November 14, 2013. On January 13, 2016, the Defendant was sentenced to a fine of one million and five million won due to a violation of road traffic law (driving) in the same court.

Criminal facts

On October 8, 2016, at around 05:00, the Defendant driven a two-wheeled vehicle B 125CC under the influence of alcohol concentration of about 0.115% in the blood at the section of approximately 2km up to 68 k-ro, Jung-gu, Seoul.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor device under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant provisions of the Act 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. Circumstances unfavorable to theO for sentencing under Article 62(1) of the Criminal Act: The fact that there exists a history of being punished twice due to drinking driving, and that there is a reflective circumstance that is advantageous to theO: The fact that it is against the situation; and