A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On February 6, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on February 6, 2012, and a summary order of KRW 2 million with the same offense, etc. at the Jungbu District Court on October 5, 2012.

【Criminal Facts】

On July 29, 2016, at around 07:40, the Defendant driven CM5 car under the influence of alcohol content of about 4 0.117% from the front of the 317-7 Korean official road in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu to the front of the Dobong 2-dong, Dobong-gu, Seoul, with approximately 07:55 on the same day.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of identical criminal records, etc.)-related statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. The reason for sentencing under Article 62 (1) of the Criminal Act is that the defendant has no criminal record or heavier than that of probation, and the circumstances of the instant driving;