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

[criminal history] On May 18, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Western District Court (drinking driving) and a summary order of KRW 4 million for the same crime at the same court on September 19, 201, respectively.

[2] Around December 18, 2016, the Defendant was under the influence of alcohol 0.171% of alcohol while driving a B body-man car at approximately 5.5m alcohol level from the 50-way road to the 352-way road in Yongsan-gu Seoul, Yongsan-gu, Seoul, as the bankruptcy of Gangnam-gu Seoul on December 15, 2016.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement report on the situation of a driver of a vehicle driving, report on the detection of the driver of the vehicle driving, and register of the user of the measuring instruments;

1. Records of judgment: References to inquiries, such as criminal history, investigation reports (verification of previous convictions on drinking), and copies of summary order Acts and subordinate statutes;

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 (see, e.g., Article 62 (1) of the Criminal Act (where the accused is against the crime of this case and has no criminal record heavier

1. An order to attend a course under Article 62-2 of the Criminal Act;