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.

On October 26, 2007, the Defendant received a summary order of 700,000 won of a fine for a violation of road traffic law at the Seoul Northern District Court, and on July 27, 2016, the Defendant received a summary order of 2 million won of a fine by the Seoul Northern District Court for a violation of road traffic law.

Criminal facts

On March 27, 2018, at around 19:00, the Defendant driven a B Car under the influence of alcohol content of 0.137% from around 9:00 to around 101:0, the 137-lane, as Seoul Special Metropolitan City Gwangjin-gu, to around 137, the same Gu Jinyang-ro 101.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report;

1. Results of drinking alcohol measurement and reports on the detection of drivers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (the previous summary order) by statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 under Article 62-2 of the Criminal Act is that the defendant driving a vehicle under the influence of alcohol even though he/she has been subject to criminal punishment on two occasions due to driving under drinking, and the liability for the crime is not less and less.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects his mistake, and there is no record of criminal punishment exceeding the fine, etc.

In the above circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and all the circumstances constituting the conditions for sentencing as shown in the instant records and the trial process, shall be comprehensively considered, and the sentence shall be determined as ordered.