A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On January 30, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court (Seoul Southern District Court) on July 14, 2015, and a fine of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.

On September 15, 2018, at around 22:56, the Defendant driven a CFD car under the influence of alcohol content of 0.243% while under the influence of alcohol, from the entrance road near the Han River Park located in Mapo-gu Seoul Metropolitan Government, to the access road to the Yangpo-dong, Yeongdeungpo-gu, Seoul Metropolitan Government 152-3 Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the crime is repeated within a relatively short period of sentencing grounds under Article 62-2 of the Criminal Act, and the fact that the drinking value is very high is disadvantageous to the defendant.

However, the fact that there is no criminal record of the suspended execution or more, and that there is no record of the crime of this type is favorable to the defendant.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but the social service and compliance driving lectures are taken.

It is so decided as per Disposition for the above reasons.