A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 1, 2013, the Defendant received a summary order of KRW 4 million from the Seoul Western District Court to a fine of KRW 4 million for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the Incheon District Court to a crime of violating the Road Traffic Act on June 4, 2015.

On April 20, 2018, around 23:34, 2018, the Defendant driven a BSpo-type car in the state of alcohol alcohol content 0.185% while under the influence of alcohol content 0.185% from the roads near Samsung Bio-ro, 765 to the underground parking lots of 182 persons south-ro, south-ro, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, reporting on a previous conviction before and after each disposition, and applying a copy of each summary order to the statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime with the alcohol concentration of 0.185% in the second blood transfusion even though the Defendant had been punished for the same drinking or non-licensed driving even before several times of sentencing under Article 62-2 of the Criminal Act.

The defendant did not comply with the order of suspension to regulate drinking by police officers and proceeded with the vehicle as it is, and fled to the parking lot of the neighboring building.

However, considering the favorable circumstances that there is a child who must support, and the detention of the defendant would be likely to cause difficulty to the dependent.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.