A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 August 23, 2007, the Defendant was issued a summary order that imposes a fine of 700,000 won on a violation of road traffic law at the Seosan Branch of the Daejeon District Court, and on February 7, 2012, the Seoul Western District Court issued a summary order that imposes a fine of 1,500,000 won on a violation of road traffic law.

[2] On October 12, 2016, the Defendant was under the influence of alcohol at around 02:45, while driving a restaurant with a trade name located in 0.151% of alcohol level from the front of the restaurant in Yongsan-gu Seoul, Yongsan-gu to the front of the 450-day, Gangnam-gu, Seoul to the front of the 6km road.

Accordingly, even though the Defendant violated the regulations prohibiting driving of alcohol more than twice, he again driven a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver involved in driving, the place where drinking is measured, and the report on the detection of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (Attachment of a summary order, etc.), and application of statutes of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. As stated in the reasoning of sentencing of Article 62(1) of the Act on the Suspension of Execution, the sentencing conditions of the Defendant, such as the Defendant’s age, sex, environment, and circumstances after the crime, shall be determined as indicated in the order, in consideration of the driving force of drinking more than 0.1% in blood alcohol again, even though they had been able to drive twice the alcohol.