A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 August 16, 2010, the Defendant was issued a summary order at the Seoul Western District Court to impose a fine of two million won for a crime of violating the Road Traffic Act (drinking driving), and on February 4, 2016, the Seoul Western District Court issued a summary order to impose a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving).

[2] On October 18, 2016, the Defendant was under the influence of alcohol level of 0.10% in blood around 10:34, the Defendant driven B food cars at approximately 3km from the roads near the present elementary school in Gangnam-gu, Gangnam-gu, Seoul to the front road of the Gao-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (report on confirmation of criminal history of the same kind of crime), and application of Acts and subordinate statutes of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant once again drives alcohol within a relatively short period despite his/her past record of being punished twice due to drinking, considering the Defendant’s age, sexual behavior, environment, drinking circumstances, and circumstances after the commission of the crime, etc., the Defendant’s punishment is determined as per the disposition.