A defendant shall be punished by imprisonment for six 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 2, 2008, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of road traffic law at the Seoul Central District Court on July 2, 2008, and a summary order of KRW 2,50,000 to a fine at the Seoul Northern District Court on June 4, 2010, respectively, and violated Article 44(1) of the Road Traffic Act twice.

On May 2, 2017, while under the influence of alcohol content of 0.176% during blood transfusion, the Defendant driven a DNA gallon from the front of a commercial building in Seoul Jung-gu to the front of the same new road from around 300 meters to the front of 211.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had been punished for a fine twice due to drinking in the past, and again commits the instant crime, considering unfavorable circumstances such as the fact that the amount of alcohol concentration in blood during the instant crime was extremely high to 0.176% and the occurrence of traffic accidents at the time of the instant crime, the Defendant recognized the instant crime and commits the instant crime against the wrongness, and the Defendant was punished twice due to drinking, in consideration of favorable circumstances such as the fact that there was no special criminal record.