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 March 7, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Incheon District Court Branch on March 7, 2012, and a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on April 29, 2014.

On April 20, 2017, the Defendant driven a car with B low alcohol content of about 5km from the front of a restaurant where the trade name located in Mapo-gu Seoul Metropolitan Government is unknown, on April 20, 2017, to the front of the Gangseo-gu Gangseo-gu Gangseodong 410, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, with approximately 0.113% alcohol level while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on confirmation of past records of drinking driving at least twice);

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. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act with regard to the order to attend a lecture and the order to provide community service order committed the instant crime once again despite the past record of punishment for drinking driving twice.

However, all of the above punishment records shall be punished by a fine, taking into account all the circumstances, such as the details and distance of drinking driving, and the concentration of alcohol during blood, etc., the punishment shall be determined as ordered.