A defendant shall be punished by imprisonment for not less than eight 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 November 23, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on November 23, 2006. On November 30, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on November 30, 2007. On October 8, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on March 8, 2012.

On November 24, 2017, at around 22:44, the Defendant driven Cenz E300 automobiles under the influence of alcohol 0.062% of alcohol while under the influence of alcohol from around about 2km to the front road of the Dobong-gu Seoul High School located in the Gangseo-gu Seoul Metropolitan Government, Seomun-gu, to the private street near the mine located in Gangseo-gu, Seoul.

Therefore, even though the Defendant violated the prohibition clause on drinking at least twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Relevant legal provisions and Articles 148-2 (2) 2 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. Consideration, such as the fact that an order to attend a lecture or an order to provide community service has a history of being punished several times due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, there is no criminal punishment exceeding a fine, the fact that drinking is relatively low, and the fact that drinking is against the law;