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 July 25, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on May 25, 2017, the Defendant received a summary order of KRW 2.5 million as a fine for the same crime from the Jung-gu District Court.

On October 11, 2018, the Defendant driven B K7 motor vehicles at a section of about 5km from Seongdong-gu to 206, in the direction of alcohol level around 0.143% in alcohol level among the blood transfusion around 01:44, the Defendant driven B K7 motor vehicles at the direction of about 5km in Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, data output of drinking instruments, and report on the detection of the driver involved in driving, and report on the occurrence of traffic accidents;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. The grounds for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture, notwithstanding the fact that the defendant had been punished twice due to drinking driving, again commits the instant crime, taking into account the fact that he/she again committed the instant crime and the amount of alcohol concentration and circumstances after committing the instant crime, etc., and determining the punishment as ordered by comprehensively taking into account the various circumstances indicated in the instant pleadings, such as