A defendant shall be punished by imprisonment for six 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

[criminal history] On June 29, 2007, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and on January 5, 2009, the Defendant was notified of a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving), and on December 29, 2010, the Defendant was punished four times for a crime of violating the Road Traffic Act (driving) by receiving a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court.

[2] On November 12, 2017, at around 22:20, the Defendant driven the Defendant’s under the influence of alcohol content 0.077% from the 1km section from the front line of the Gwanak-gu in Seoul Special Metropolitan City to the same dykero to the same dykero 209.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries into the results of arresting any suspect in violation of traffic laws (driving of alcohol), arresting him/her on the road, checking the results of crackdown on driving of alcohol, making a report on the circumstances of the driver under driving of alcohol, making an investigation report (report on the circumstances of the driver under driving of alcohol

1. Previous convictions: Application of respective written judgments (No. 11) and Acts and subordinate statutes of a summary order, such as a reply to inquiries, such as criminal history, a criminal investigation report (no. 10 previous convictions, such as drinking driving), and a summary order;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a sentence of alternative imprisonment with prison labor [Considering the circumstances, such as: (a) the Defendant again commits the instant crime even though he/she was punished five times due to drinking driving; and (b) the Defendant has been punished several times for the same type of crime, such as violation of Road Traffic Act (unlicensed Driving); and (c) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles)

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;