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 August 24, 2011, the Defendant was issued a summary order of KRW 2,50,000,000 as a crime of violating the Road Traffic Act (drinking driving) by the Suwon District Court on August 24, 201, and was sentenced to a fine of KRW 8 million due to a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on December 30, 2013.

On April 21, 2018, at around 06:54, the Defendant driven CM5 vehicle under the influence of alcohol leveling 0.066% from around 100 meters to around the 31-9 Bridge in Dobong-gu Seoul, Dobong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the results of regulating driving under drinking, report on the circumstances of the driver under driving under drinking, and report on the circumstances of the driver under driving under drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a lecture and an order to provide community service order under Article 62-2 of the Criminal Act, even though they had been punished several times due to drinking alcohol for the reason of sentencing, it is inevitable to choose a sentence of imprisonment.

However, in consideration of the fact that the defendant is not subject to criminal punishment exceeding a fine, the surface of the water after drinking, which was conducted after drinking, but led to crackdown due to the failure of the preceding drinking, the drinking value is relatively low, and the reflectivity, etc., the punishment shall be determined as per the order.