A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at the Seoul Central District Court on September 27, 2007, has the record of receiving a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and the summary order of KRW 2 million for the same crime in the same court on October 14, 201.

On September 15, 2017, the Defendant, while under the influence of alcohol level of 0.097% from blood alcohol level around 23:53 on Sep. 15, 2017, driven a motor vehicle up to approximately 500 meters in front of the flow distance near the station located in the Pungdong-gu of Sungnam-si, Sungnam-si.

As a result, the Defendant, who was punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal career data;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the criminal defendant reflects his/her wrongness, and that the criminal defendant has no past record of punishment exceeding the fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;