A defendant shall be punished by imprisonment for not more than ten months.

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

On November 6, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act; on April 24, 2009, a summary order of KRW 2 million for the same crime at the Seoul East District Court; on July 30, 2010, the Seoul East District Court received a summary order of KRW 3 million for the same crime.

On October 14, 2016, at around 23:12, the Defendant driven a B-learning car in the state of alcohol of about 500 meters alcohol concentration 0.082% from the 500m section of Dobong-gu Seoul Metropolitan Government to the front road of Dobong-gu Community Center, Dobong-gu, Seoul.

Accordingly, the defendant driving a motor vehicle while under the influence of alcohol and driving a motor vehicle again under the influence of alcohol even though he violated the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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;