A defendant shall be punished by imprisonment for not more than ten 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

1. On February 8, 2013, the Defendant issued a summary order of KRW 5 million with a fine of KRW 5 million for a crime of violating road traffic laws at the Seoul Western District Court on February 8, 2013, a summary order of KRW 5 million with the same crime at the Seoul Southern District Court on September 6, 2010, and a summary order of KRW 700,000 with a fine of KRW 5 million with the same offense at the Seoul Southern District Court on May 2, 2008, respectively.

2. On May 21, 2016, the Defendant driven a Dgro vehicle while under the influence of alcohol content of about 100 meters at the front of the C hospital located in Mapo-gu Seoul Metropolitan Government on May 21, 2016.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking driving, has again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of previous conviction and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture of this case has already been punished three times due to drinking driving as stated in the records of the crime in the judgment of the defendant, and again, it is necessary to punish the same strictly.

However, in consideration of the fact that the defendant repents his mistake, and that there is no record of punishment or more severe punishment than the fine, the punishment shall be determined to suspend the execution of imprisonment as above, taking into account the fact that the defendant has been punished for other crimes than the above drinking driving power.