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 July 16, 2012, the Defendant issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act at the Seoul Western District Court on July 16, 2012, and on July 12, 2016, a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on July 12, 2016.

On February 28, 2018, around 07:25, the Defendant driven B benz’s car in the state of alcohol with approximately 0.105% alcohol concentration from the 1km section from the 7rd side of Seongbuk-gu Seoul Metropolitan Government Sungsansan to the 255rd road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of punishment heavier than a fine due to the same kind of crime, and that there is no depth of mistake: The fact that even though there was a record of punishment due to drinking driving around around 2000, including the previous record of the judgment, the Defendant again commits the instant crime, and the sentencing conditions specified in the record and the changed theory are all considered.