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 February 13, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on May 28, 2015, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court.

On November 11, 2017, around 03:3:30 on the same day from the place in the Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Yongsan-gu, Seoul, to the 1st underground floor parking lot of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, the Defendant driven the FPovoon vehicle with a alcohol level of 0.213% while under the influence of alcohol level of the Defendant.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol by violating it again.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures: The history of being punished for drinking as stated in the judgment in the previous conviction, and the numerical value of drinking is high (the interval between the driving of drinking and the measurement of drinking is about 30 minutes, and the alcohol concentration in the blood at the time of actual driving and the measurement of drinking do not seem to have a big difference between the blood alcohol concentration at the time of actual driving and the blood concentration at the time of measuring the drinking): There is no record of punishment other than the previous conviction in the judgment.

The punishment as ordered shall be determined in consideration of all the circumstances, such as the age, sex, environment, etc. of the defendant in the same circumstances as o or above.