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 December 22, 2011, the Defendant was issued a summary order of KRW 2.5 million at the Seoul Western District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on May 22, 2013.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on June 25, 2016, the Defendant driven CMW car with approximately 0.181% alcohol level from the 300-meter section from the 221st day of Yongsan-gu Seoul, Yongsan-gu, Seoul to the 223-43rd day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same record as the suspect) statute;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has already been punished four times due to drinking driving, including the criminal records as indicated in the judgment, and once again drives drinking, taking into account the fact that the defendant caused a traffic accident while driving the instant drinking, and the numerical value of alcohol concentration during blood, it is necessary to punish the corresponding strict punishment.

However, the above punishment shall be determined in consideration of the fact that the defendant repents his mistake, the fact that there is no more severe punishment than the fine in relation to drinking driving, and the fact that he must support his family.