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

On September 20, 2010, the Defendant was ordered by the Seoul Central District Court to a summary order of a fine of four million won for a crime of violating the Road Traffic Act (drinking driving), and on October 31, 2013, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.

Although the Defendant, as seen above, driven a BN vehicle at a distance of about 300 meters from September 10, 2016 to the intersection in front of the lower-dong Police Station located in the Eup/Myeon located in the Gundong-dong Eup/Myeon located in the same Eup under the influence of alcohol level of 0.113% among the blood transfusion around 0:23, Sept. 10, 2016.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. On-site and vehicle photographs;

1. Application of an inquiry letter, such as criminal history, an inquiry report (former and attachment to the summary order) and statutes;

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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s confession, alcohol level, the record of punishment for drinking alcohol driving (three times), the time gap between the immediately preceding detection and the day of traffic crime, there is no record of punishment exceeding the fine due to traffic crime, and the Defendant’s age, sex, sex, environment, occupation and career, occupation and experience, family relationship, details of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined as set forth in the Disposition.