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

[criminal history] On August 17, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Eastern District Court, and on December 13, 2012, the Defendant was issued a summary order of KRW 7 million for a crime of violating road traffic laws at the Seoul Central District Court on December 13, 2012, and on February 10, 2014, the Defendant was sentenced to a suspended sentence of 9 months for a violation of road traffic laws at the Seoul Southern District Court on February 10, 2014.

[2] On December 1, 2017, around 00:30, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.095% from the 15km section of Gangseo-gu Seoul Metropolitan Government to the 30-ro 98 front roads of subway 2, subway Station 294, as Seocho-gu Seoul Metropolitan Government Seocho-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order and a copy of the judgment);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had several previous convictions, there are unfavorable circumstances, such as the defendant going to commit the instant crime even though there are no criminal records heavier than the suspended sentence, and there are favorable circumstances, such as the defendant’s deep reflects the instant crime.

It is so decided as per Disposition for the above reasons.