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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 15, 2008, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 700,000 for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s House as well as a fine of KRW 1.5 million for the same crime at the same court on January 7, 2016.

[2] On January 6, 2018, at around 21:41, the Defendant driven Bho-do under the influence of alcohol concentration of about 0.074% in the blood alcohol level from the front of the restaurant in the Newan-gu Seoul-gu Seoul-ro Do to the front of the 50m-do Paris-si Do.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry of the results of crackdown on drinking driving, and investigation report;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. 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 circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of punishment twice for the same crime, provided that the driving of the drinking of this case does not cause a traffic accident. - there is no history of criminal punishment exceeding a fine. - The defendant is against his mistake.