A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 9, 2011, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and KRW 3 million as a fine at the Seoul East Eastern District Court on February 10, 2012.

The Defendant, as above, has violated Article 44(1) of the Road Traffic Act twice or more, once again, driven a BSpo-type car under the influence of alcohol concentration of about 0.177% in the 3km section from the Do near the village of Gangseo-gu Seoul, Gangseo-gu, Seoul to the 189-dong-ro, Yangcheon-gu, Yangcheon-gu from March 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of drinking alcohol measurement, a report on the circumstances of the driver involved in drinking, and a report on the detection of the driver involved;

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

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 chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the Defendant’s age and family environment and other favorable conditions of sentencing prescribed in Article 51 of the Criminal Act, the execution of the sentence is suspended on condition that the Defendant is sentenced to imprisonment with prison labor, on condition that the Defendant is subject to compulsory community service and compliance driving lectures, and the execution of the sentence is deferred on condition that the Defendant is subject to compulsory service and compliance driving lectures under Article 51 of the Criminal Act, in light of the following favorable circumstances such as the high level of the reason for sentencing of Article 62-2 of the Criminal Act and the control of drinking driving three times.

It is so decided as per Disposition for the above reasons.