A defendant shall be punished by imprisonment for not more than ten 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 May 6, 2005, the Defendant was issued a summary order of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Seoul Eastern District Court. On November 18, 2005, the Defendant was issued a summary order of KRW 3,00,000 for a crime of violating the Road Traffic Act (driving) at the Seoul Eastern District Court. On January 3, 2011, the Defendant was issued a summary order of KRW 3,00,000 for a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court. On November 17, 2011, the Defendant was sentenced to a suspended sentence of KRW 2 years for imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court.

On July 12, 2017, the Defendant, while under the influence of alcohol content of 0.160% during blood transfusion around 02:50%, driven a DNA motor vehicle in the section of about 10km from the roads of the Seodaemun-gu Seoul Metropolitan Government Seocheon-ro 6-ro red-ro 43, Seodaemun-gu, Seoul to the roads at approximately 10km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the same criminal suspect's judgment, etc.);

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

1. In light of the reasoning for sentencing under Article 62-2 of the Criminal Code of the community service order and order to attend a lecture, which is the case where the defendant was sentenced to a fine due to drinking alcohol driving as stated in the judgment of the court below, which was sentenced to a suspended sentence, and the defendant's driving level is more severe, and the driving distance was long, even if considering the circumstances of the defendant's drinking due to the embezzlement of employees belonging to his company, it is necessary to punish the defendant accordingly.

However, the defendant is against the crime of this case, and the defendant is also before.