A defendant shall be punished by imprisonment for 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 August 30, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of Road Traffic Act (drinking driving) at Seoul Southern District Court on August 30, 2012, and a fine of KRW 2 million for a violation of Road Traffic Act (drinking driving) at Seoul Northern District Court on February 11, 2016, and was sentenced to a fine of KRW 2 million for a violation of Road Traffic Act in Seoul Northern District Court on February 11, 2016.

On September 1, 2017, the Defendant driven the said vehicle at a distance of about 1k meters from the site below the water basin near the river basin in Gangnam-gu, Seoul to the street in the front of the Dobong-gu KT Call State while under the influence of alcohol content of 0.168% from around 03:08, the Defendant driven the said vehicle at a distance of about 1k meters from the water basin near the river basin in Gangseo-gu, Seoul.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol and again driven a motor vehicle while under the influence of alcohol, even though it violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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) 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, even though the defendant had been punished twice due to drinking alcohol driving in the past, commits the instant crime again, taking into account the circumstances such as the fact that the defendant had committed the instant crime at the time of the instant case, and the fact that the amount of alcohol concentration is very high. The defendant recognized the instant crime and reflects the mistake, the defendant did not have any particular criminal record other than the punishment of fines imposed twice due to drinking driving in the past, and there is a family member to support the defendant.