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 14, 2010, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Seoul Southern District Court.

1. On June 2, 2018, the Defendant: (a) driven CMW car at the 2km section from the front of Kimpo-si to the front of Kimpo-si 61, 33rd road at Kimpo-si, on June 2, 2018, while under the influence of alcohol by 0.287% during blood transfusion around 11:20 on June 2, 2018.

2. On June 2, 2018, the Defendant, as seen above, driven a motor vehicle at the 1km section of approximately 61m from the 33rd road of Kim Jong-si to the 11th road of approximately 11,00,000 in the early on June 2, 2018, while the Defendant was under the influence of alcohol from a police officer who was dispatched to the site due to a traffic accident. However, on June 2, 2018, the Defendant driven the said motor vehicle at the 1km section of approximately 1m from the 33rd road of Kimpo-si to the 111th road of Kimpo-si, Kimpo-si.

As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of each driver of drinking alcohol, and an investigation report (a report on the circumstances of the driver of drinking alcohol);

1. A report on each traffic accident, a survey report on actual condition (the first and second accidents), and a photograph on the site of each accident;

1. Investigation report (on-site conditions and details of vehicle transfer);

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the history of driving a suspect's drinking), application of the Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1, 44(1) (the alcohol concentration of at least 0.2 percent in blood) of the Road Traffic Act, Articles 148-2(1)1 and 44(1) (the point of drinking after violating two times or more) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) of the mitigated amount.