A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on September 1, 2011.

On August 5, 2017, at around 00:45, the Defendant driven B-low-income vehicle under the influence of alcohol content of about 2km from the 2km section to the 731st hotel in Seongdong-gu Seoul, Gangnam-gu, Seoul, to the 731 Viberian, while under the influence of alcohol content of 0.163%.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he/she was punished twice or more due to a violation of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A report on the circumstances of the driver at home;

1. Application of a reply to inquiry, such as criminal history, and the application of the statutes on investigation reports (Attachment to the judgment);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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;