A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 27, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court, and a fine of four million won for the same crime at the Seoul Eastern District Court on April 22, 2011.

【Criminal Facts】

On August 8, 2015, at around 04:03, the Defendant driven a BEE vehicle with a blood alcohol concentration of 0.243% under the influence of alcohol on the front of the 202 salary class in Seongbuk-gu, Seongbuk-gu, Seoul.

Accordingly, even though the defendant was punished not less than twice due to drinking driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making inquiries into the results of the control of drinking driving ( August 8, 2015);

1. Previous convictions indicated in judgment: References to criminal records and investigation reports (reports on previous convictions and confirmations) shall be applied by statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has the same criminal records as stated in the judgment of the court below, the fact that the defendant's blood alcohol concentration of the defendant of this case is highly high, the defendant's mistake and reflects his mistake, and the fact that the defendant's drinking operation of this case was caused to work before the next day after drinking alcohol, etc. are considered as favorable circumstances. In addition, all the sentencing factors under Article 51 of the Criminal Act, such as the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, occupation and family relation, shall be determined as ordered.