A defendant shall be punished by imprisonment for six 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

[criminal history] On July 4, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court, and on May 29, 2015, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions by being sentenced to a fine of KRW 2 million for the same crime as the same crime in the Goyang Branch of the Jung-gu District Court.

[2] On March 23, 2017, around 23:58, the Defendant driven CMW X4xD20d automobiles with approximately 8 meters alcohol content from the 8m section around the flus hospital located in the same Dong to the road before the flus hospital located in the same Dong, in around 23:58, the Defendant driven CMW X4 xD20d automobiles with alcohol content.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. CCTV images;

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (the defendant and his defense counsel's previous conviction and confirmation report of the suspect), [the amount of drinking cannot be recognized as being measured due to the absence of 20 minutes from the final drinking time. However, in full view of each of the above evidences, it is merely about 17 minutes prior to the point of time in a restaurant table to go on the house, and it does not mean the point of time of the final drinking (the time immediately prior to the occurrence of the general table table) of the defendant's own drinking time when the driver's report was made, and 30 minutes prior to the final drinking time when the defendant's own drinking time was made at the time of making the driver's report.

The defendant made a statement. The defendant 20:00 on the day before 20:00 and day after 20:0, he had drinking for about 3 hours at both Gulan cafeteria, and thus, at the time of drinking measurement, the alcohol concentration in the blood of the defendant cannot be deemed to have been increased.