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 June 22, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and on July 21, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court.

around 22:08 on January 27, 2018, the Defendant driven Cone Star Cargo Vehicles with approximately 50 meters alcohol level from the 107-dong underground parking lot to the above 107-dong ground parking lot from Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the above 107-dong ground parking lot.

Therefore, even though the Defendant violated the prohibition clause on drinking at least twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to reports on detection of drivers engaged in driving, investigation reports (report on the circumstances of drivers engaged in driving), and results of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order) by 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. 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, the occurrence of an accident during driving, the absence of a criminal punishment exceeding a fine, and the violation of the said Act