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

1. On July 2, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law in the support of the Sungnam branch of Suwon branch of Suwon branch of the Republic of Korea, and on January 31, 2013, a summary order of KRW 1.5 million as a crime of violation of road traffic law at the Seoul Southern branch of the Seoul Southern branch of the Seoul Southern branch of the Republic of Korea was issued.

2. On August 4, 2016, around 02:08, the Defendant driven a Malaysia car under the influence of alcohol concentration of about 0.231% in the section of approximately 1km from around the Yongsan Station located in 55-gil, Yongsan-gu, Seoul, to the two-lanes located in 23, Yongsan-gu, Yongsan-gu, Seoul.

As a result, the defendant was punished for driving under drinking more than twice, and was driving under drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and a statement of control details;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (prior conviction and confirmation of drinking driving) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, had already been punished twice due to drinking driving, once again drives drinking, and that alcohol concentration in blood is considerably high, it is necessary to strictly punish the defendant.

However, the above punishment shall be determined in consideration of the fact that the defendant's mistake is recognized and divided, that there is no other punishment except twice the above drinking driving force and once the minor fine of this kind, and that the detention of the defendant is likely to make it difficult for his family members to maintain their livelihood when he is detained.