A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant driving a motor vehicle under the influence of alcohol on August 17, 2008 (the Seoul Eastern District Court issued a summary order of KRW 3.5 million on September 5, 2008), driving a motor vehicle under the influence of alcohol on August 29, 2013 (the Seoul Eastern District Court issued a summary order of KRW 5 million on September 30, 2013), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On October 9, 2018, at around 01:18, the Defendant driven a B-low vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.131% from the section of approximately 100 meters, from the public parking lot in Suwon-si, to the public viewing road in Suwon-si transfer-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employer to the driver;

1. Report on the circumstantial statements of a drinking driver, records of drinking measurements, and notification of the results of the regulation of drinking driving;

1. Records of judgment: Application of a reference inquiry report including criminal records, and a copy of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who had a record of driving under the influence of alcohol not less than twice, drives under the influence of alcohol, not less than that of the crime, but less than that of the blood alcohol concentration due to the drinking of this case;

However, in consideration of the various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: the defendant's perception of the crime in this case and his mistake is divided; the defendant has no record of punishment more than a suspended sentence; and the defendant has no record of punishment.