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 July 26, 2012, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Changwon District Court’s Jinju branch on July 26, 2012, and by receiving a summary order of KRW 2,00,000 as a fine for the same crime from the same court.

On September 2, 2018, the Defendant driven D SM5 car while under the influence of alcohol content of 0.118% at the two-meter section in front of the Hancheon-si parking lot adjacent to the Hancheon-si, Hanwon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Statement made by the police for E;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes concerning investigation reports;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including a case where the person has been in excess of one time of driving alcohol during the latest five years) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that one time has not been passed on driving alcohol during the latest five years);

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;