A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 21, 2010, the Defendant issued a summary order of a fine of three million won at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of a fine of three million won at the same court on September 9, 201.

On July 10, 2016, around 08:10 on July 10, 2016, the Defendant driven a B-Ad motor vehicle under the influence of alcohol with approximately 0.175% of alcohol concentration at a section of about 300 meters from the front day of the Handong Hospital in Dobong-gu Seoul Metropolitan Government to the front day of the Kook Apartment apartment located in the same 367-ro 300-ro.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. References to criminal records and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of being punished three times due to drunk driving, the circumstances favorable to the fact that blood alcohol concentration is high: The fact that there is no criminal record exceeding the fine, and that there is no criminal record exceeding the fine; and