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

[criminal history] On June 12, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on November 5, 2015, the Defendant received a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (driving) from the Suwon District Court.

[2] On May 27, 2017, Defendant 1, who violated the provision prohibiting drinking under Article 44(1) of the Road Traffic Act on two or more occasions, was driving BM7 car under the influence of alcohol level 0.174% from the upper end of the 30-ro, Seoul Special Metropolitan City, Nowon-gu, to the upper end of the 29-ro, Dasan Industrial High School, Jung-gu, Seoul, and then driving BM7 car under the influence of alcohol level 0.174% from the upper end of the 30-ro, Seoul Special Metropolitan City, Nowon-gu, to the upper end of the 290-dong Industrial High School.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Making a statement on the circumstances of the driver who is placed in driving, making an investigation report (report on the situation of the driver who is placed in driving in driving), the records of drinking measuring devices, notification of the results of regulating the driving of drinking, the details of regulating the driving of drinking, and inquiry into

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (the judgment of driving the same kind drinking), each summary order (No. 12 times a moment);

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

1. Selection of alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant was punished twice due to drinking, and the previous conviction was relatively recent, leading to the crime of this case again, the amount of alcohol concentration in blood is considerably high at the time of detection, driving of drinking, and moving a considerably distant distance from drinking);

1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Amount of Punishment (the defendant recognized the facts of the crime and reflects the facts of the crime, and there is no penalty imposed heavier than the fine before the instant case, and the defendant voluntarily undergoes the treatment, etc. of alcohol.