A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On July 22, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for a crime of violation of road traffic law, and a summary order of KRW 3 million by the same court on December 2, 2016, respectively.

[2] On August 24, 2018, around 14:07, the Defendant driven the said vehicle, while under the influence of alcohol content of 0.053% 0.053% in alcohol, from the road located in the 255-1, Northern-dong, Seoul Metropolitan City, to the road located in the 476 Southwest-ro. 476.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of criminal history of the same kind), and statutes;

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

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Fines of five million won

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account favorable circumstances such as the defendant's confession, the fact that there is no record of crime exceeding the fine, the fact that the amount of alcohol concentration among the blood of the defendant is relatively low. In addition, the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended.