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 September 16, 2009, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic law (drinking) in the Daejeon District Court's Branch of the Daejeon District Court on September 16, 2009. On September 24, 2014, the Defendant was issued a summary order of KRW 2 million with the same crime as a fine of KRW 2 million.

On March 17, 2017, at around 03:16, the Defendant driven a B-A6 car under the influence of alcohol content of about 0.091% while under the influence of alcohol at approximately 4km from the Do in front of the church station located in the Dongjak-gu Seoul Metropolitan Government, as the distribution of Seocho-gu, Seoul to the road located in the front of the Seoul Sungdong Hospital.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;