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

[criminal history] On February 21, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions upon receiving a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act (driving alcohol) at the Seoul Central District Court on February 21, 2007, and a fine of KRW 5 million from the Sungnam branch support on April 15, 2013, respectively.

[2] On November 25, 2017, the Defendant: (a) while under the influence of alcohol at around 23:50 on a blood alcohol level of 0.122%; (b) and (c) from the front road of the Sungnam-si Mannam-si (Seoul Metropolitan City Macro) to the front road of this “Macro Hospital”, the Defendant transpied the car from the front road of approximately 30 meters to the same “Macro Hospital.”

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of the situation report of the driver at the main place and the management of the main place report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report on confirmation of the same type of force);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the defendant is led to confession and has no record of the crime exceeding the fine, and the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the execution of the punishment shall be suspended.