A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 13, 2011, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Seoul Western District Court around February 18, 2013.

On May 26, 2017, while under the influence of alcohol content 0.091% during blood transfusion, the Defendant driven CK5 car at approximately 1km section from the roads near the luminous literature located in Jongno-gu Seoul Metropolitan Government to the 65th road in the position of Jongno-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver of a driving vehicle and the notification of the results of regulating drinking driving; and

1. Previous conviction: Application of Acts and subordinate statutes to inquire about foreign crimes and investigation career data;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The reason for sentencing under Article 62(1) of the Criminal Act (regulatory grounds, etc. for mitigation of the above amount) of the suspended sentence is that the defendant had been punished twice due to drinking, but the defendant repeats drinking again, and the degree of driving is not weak. The current Road Traffic Act stipulates that the person who has violated the regulations prohibiting driving of drinking at least two times shall be punished more strictly in the event of drinking again, under the unfavorable circumstances, the defendant has not been punished for more than ten years, and the defendant has no record of being punished for more than the suspended sentence for more than ten years, and the defendant has been led to the confession of the crime, taking into account the favorable circumstances, such as the defendant's age, sexual behavior, environment, motive for the crime, and circumstances after the crime, etc., as set forth in the arguments of this case.