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 June 11, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Seoul Western District Court on the following grounds: (a) on February 17, 2011, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, such as receiving a summary order of KRW 3 million due to a violation of the Road Traffic Act; (b) on February 17, 201, a fine is imposed by the Seoul Western District Court.

On September 4, 2017, around 23:32, the Defendant driven a Benz E350-car with alcohol content of 0.160% during blood at approximately 15 meters from the mutual influence point in the calendar of Gangnam-gu Seoul Metropolitan Government to the 740-3th of the calendar of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A protocol concerning the examination of the police officers of the accused;

1. Written inquiry about criminal history, etc.;

1. Investigation reports (the same records of the suspect) and the application of Part II Acts and subordinate statutes of the summary order;

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;

1. The community service order under Article 62-2 of the Criminal Act;