A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 4, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on June 4, 2008, and on January 12, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime at the Seoul East District Court on the same day and was punished for drinking driving two times or more.

On April 21, 2017, around 23:04, the Defendant driven B SL125 engine bicycle under the influence of alcohol 0.166% from the section of approximately 2km to the 5th road of the same new station from the front of the apartment apartment in Don-dong, Jung-gu, Seoul to the road in the same new Don-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes for investigation reports;

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

1. Selection of an alternative imprisonment with prison labor (the fact that the person recommits the instant crime even though he/she had a history to drive drinking);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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