A defendant shall be punished by imprisonment for not less than eight 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 January 2, 2007, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Seoul Central District Court and KRW 2.5 million as a fine in the same court on December 22, 2015.

Although the Defendant had been punished on two or more occasions of drinking, on May 15, 2017, the Defendant driven a BKan-kin car with approximately 3km from the Southern-dong in Seoul Special Metropolitan City to the Southern-ro 1709-ro, Nam-gu, Seoul, Seoul Special Metropolitan City, with alcohol content of 0.142% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;