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

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

Punishment of the crime

[criminal power] On April 15, 2009, the Defendant was issued a summary order that imposes a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu Seoul District Court on April 15, 2009. On August 9, 2012, the Defendant was issued a summary order that imposes a fine of four million won for a crime of violating the Road Traffic Act (driving) at the Incheon District Court Branch of the Incheon District Court on August 9, 2012. On November 12, 2014, the Defendant was issued a summary order that imposes a fine of eight million won for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court of Seoul.

【Criminal Facts】

On December 11, 2018, at around 00:13, the Defendant driven a vehicle of approximately 40 meters with low alcohol level of 0.102% from the second floor of Gangseo-gu Seoul Metropolitan Government, to the entrance of the same building at the same ground parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the result of crackdown on drinking driving;

1. Control note;

1. A photograph of a CCTV closure;

1. Previous conviction in judgment: Application of a copy of criminal records and a summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, a sentence is determined as ordered in consideration of the following various sentencing conditions: (a) the driving has again been conducted in a chronic state where the blood alcohol level exceeds 0.1%; (b) the details and detection of drunk driving and the background leading up to the detection thereof; and (c) the Defendant’s age, character, conduct and environment, etc.