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

[20,000,000 won as a fine for a violation of the Road Traffic Act (drinking) at the Seoul Central District Court on March 26, 2010, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (drinking) at the Incheon District Court on March 29, 2010, on May 17, 2010, the Incheon District Court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (drinking) at the Incheon District Court on May 27, 2010, and on September 27, 2010.

On December 29, 2017, at around 22:10, the Defendant driven a clater’s volume of alcohol at around 0.23% under the influence of alcohol in a section of about 3 km from the restaurant parking lot near the construction site of modern apartment building located in the same city to the Han-dong underground roadway located in the same city.

[209] On March 26, 2010, the Defendant issued a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) at the Seoul Central District Court on March 26, 2010, the Incheon District Court issued a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (drinking) at the Incheon District Court on March 29, 2010, May 17, 2010, the Incheon District Court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (drinking) at the same court on September 27, 2010.

On December 12, 2017, around 23:35, the Defendant driven a Clater vehicle under the influence of alcohol level of about 0.192% in blood alcohol level from about 1 km section to the road adjacent to Kinttex IC free from the roads in front of an influent restaurant located in the city of Goyangyang-gu to the same city of Mangsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, making a statement on the circumstances of the driver of drinking, and notifying the results of regulating driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Traffic Act concerning facts constituting a crime (the choice of each imprisonment with prison labor), each of which is the choice of a punishment;