A defendant shall be punished by imprisonment for seven 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

[criminal power] On March 5, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Central District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On March 6, 2014, the Seoul Western District Court received a summary order of KRW 1,50,000 as a fine of violation of the Road Traffic Act.

【Criminal Facts】

On September 4, 2016, the Defendant, as a person who had been punished twice due to drinking driving, driven a balp motor vehicle with a blood alcohol concentration of about 0.13% in the section of about 20km from the Do near the Kink Kink Kinx to the road near the Ginnyang-dong, Mapo-gu, Seoul to the 482 Gangseo-dong, Mapo-gu, Seoul Metropolitan City, Masan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, who had already been punished twice due to drunk driving, once again drives under influence; (b) the Defendant committed a traffic accident while driving under drinking; (c) the Defendant’s mistake is divided; and (d) the Defendant has no record of being punished for a recent serious crime; and (c) the above punishment shall be determined in consideration of the favorable circumstances to the Defendant.