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 November 5, 2012, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court). On November 15, 2013, the Defendant was sentenced to a fine of KRW 4,50,000 for the same crime at the Seoul East District Court.

On March 11, 2018, at around 07:05, the Defendant driven a CKaN car with approximately 1k alcohol content of about 0.110% from the 55-ro, Seongbuk-gu, Seongbuk-gu, Seoul, Seongbuk-gu, Seoul, to the 11-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same type and attachment to judgment) and statutes;

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. 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. Taking account of the fact that an order to attend a lecture or an order to attend a community service order had been served two times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again led to the instant crime, such as the fact that the instant crime was committed, the driving of a vehicle was obstructed by diving at the first lane of the three-lane-lane-on-on-road road during drinking alcohol, the fact that a person was aware that he would have been aware that he would go through the vehicle after drinking alcohol, and that he was going against the said fact.