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 October 13, 2011, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving), and issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Incheon District Court on December 13, 2013. On April 20, 2015, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on April 20, 2015.

On September 23, 2018, around 01:04, the Defendant driven a D car under the influence of alcohol content of about 0.139% from the 4km section from the place near the cancer station located in Gangdong-gu Seoul Metropolitan Government to the 661st road, as Seoul Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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 full view of the facts that the Defendant, for the reasons of sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures, committed the instant crime once again despite the fact that he/she had been sentenced to a fine three-time due to drinking driving, and the sentencing conditions as shown in the instant trial process, such as the amount of alcohol content and circumstances after the Defendant’s blood, etc., the sentence as ordered