A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 13, 2008, the Defendant was sentenced to a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Seowon on the ground of a violation of the Road Traffic Act (drinking). On February 23, 2009, at the same court on February 23, 200, a fine of KRW 1.5 million as a fine for a violation of the Road Traffic Act (drinking) and on February 4, 2013, the Defendant was issued a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act

[2] On September 20, 2017, around 02:06, the Defendant driven BY car in the state of alcohol alcohol concentration of approximately 0.152% in a section of about 10km from the front of the “Mariju warehouse,” located in the new apartment lot located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, to the new apartment lot located in the Gu-dong, Byungcheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence and autopsy of a case;

1. 112 Reporting case handling table;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger and the driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Photographs related to the control;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of suspect drinking skills);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime even if he/she was sentenced to a fine in 2008, 2009, and 2013 due to drinking driving, and thus, again committed the instant crime. As such, the risk of recidivism exists, and since the alcohol content in blood is higher than 0.152% at the time of the instant crime, it is not good that the instant crime is committed.

In consideration of these points, punishment shall be imposed by imprisonment.

However, the defendant has been convicted of a fine exceeding the fine due to drinking, driving without a license, etc.