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 26, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on March 26, 2007, and one million won as a fine in the same court on December 11, 2014, respectively.

On August 17, 2017, at around 23:20, the Defendant driven B A4 vehicle under the influence of alcohol with approximately 500 meters alcohol concentration 0.164% from a cafeteria where it is difficult to know the trade name in the downstream of Seongbuk-gu Seoul, Seongbuk-gu to the 390-ro, Seongbuk-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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 circumstances, such as the fact that an order to attend a lecture or an order to provide community service had been served twice punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again led to the instant crime, the drinking value is relatively high, there is no criminal punishment exceeding a fine, and there is no reflective nature.