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 April 25, 2012, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Seoul Central District Court on April 25, 2012, and a fine of KRW 3,000,00 as a crime of violating the Road Traffic Act at the Seoul East District Court on January 25, 2018.

On March 22, 2018, the Defendant, while under the influence of alcohol content of 0.114% during blood while driving a motor vehicle at around 04:35 around March 22, 2018, operated a DNA halogen car at approximately 1km from the roads near Dongjak-gu Seoul to the roads near Gwanak-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Details of suspension of driver's license and the ledger of driver's licenses;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, the Central District Court Act 2012 high-level summary orders 7939, and the Seoul Eastern District Court Act 2018 high-level summary orders; and

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

2. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

3. 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).

4. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered for the reasons for sentencing):

5. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant led to the crime of this case; the defendant has no record of punishment heavier than a suspended sentence; however, the defendant did not reflect the fact that the defendant had been subject to punishment twice due to drinking, but led to each of the crimes of this case; the defendant was recently punished due to drinking driving and driving again for two months.