A defendant shall be punished by imprisonment for nine 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 November 18, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic laws at the Jung-gu District Court on November 18, 2010, and the same court issued a summary order of KRW 1.5 million due to a violation of road traffic laws (drinking).

[2] On April 6, 2018, the Defendant driven a B-owned car under the influence of alcohol content of approximately 0.108% in blood while under the influence of alcohol from a section of about 13 km from the upper corner of the parking lot for a mutually influent restaurant located in the Gangnam-gu Seoul Metropolitan Government New-dong to the 54th street in Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for mitigation of a small amount of punishment (Article 55 subparag. 55) (Article 53 and subparag. 3) of the same Act (Article 55 subparag. 15 of the same Act shall be deemed to have no previous record of a relatively recent same kind of crime in the previous 2010);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there are two previous convictions and two times for sentencing under Article 62-2 of the Criminal Act: Provided, That it reflects on the fact that there is no criminal conviction or more than a stay of execution, and all previous convictions of the same kind before 2010 and have no relatively same criminal conviction or more; a comprehensive consideration is given