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 January 8, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch on January 8, 2009, and on August 2, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court.

On December 7, 2017, around 02:55, the Defendant driven BM car under the influence of alcohol content of 0.083% at a distance of about 300 meters from the border near Pyeong Station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the roads in front of 457, as Dongdaemun-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Repulmonary measurement;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reporting (the automatic force of the person under investigation);

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 into account the fact that an order to attend a lecture or an order to provide community service has been served several times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again leads to the instant crime, there is no criminal punishment exceeding a fine, and the fact that it is against the law