A defendant shall be punished by imprisonment with prison labor for up to six 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 June 19, 2009, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on June 19, 2009 and KRW 5 million as a fine in the same court on March 29, 2013.

Although Defendant had been twice or more of the alcohol driving force as above, on September 2, 2017, around 00:50, the 200:50 Gamb car was driven under the influence of alcohol of 0.189% of alcohol concentration in blood from the roads near the Dong-dong, Dong-dong, Busan Metropolitan City, Dong-dong, "Sweton Sea" located in the same Dong-dong to the sea in front of the restaurant at the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, the defendant shows the attitude of selling and opposing the vehicle.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.