A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 25, 2008, the Defendant received a summary order of KRW 700,000,000 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, on October 24, 2008, a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on August 26, 201, a fine of KRW 3 million for a violation of the Road Traffic Act was imposed by the Seoul Southern District Court.

On March 26, 2016, at around 03:00, the Defendant driven C Ra-car under the influence of alcohol content of about 0.161% from a 200-distance 38 o-ro 21-o, o-ro, o-ro, o-ro, Seoul, Gangnam-gu, to the o-ro, o-ro, o-ro, o-ro, o-ro, o-ro 25.

Accordingly, even though the Defendant, while under the influence of alcohol, was in violation of the Road Traffic Act more than twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of drivers of drinking alcohol and a record book on the side of drinking alcohol;

1. Each report on investigation;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been sentenced to a fine three times due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, and the fact that the amount of alcohol concentration in the blood while driving the instant drinking is relatively high is a reason for sentencing unfavorable to the Defendant.

However, more favorable sentencing, such as the fact that the defendant does not drive drinking again, and that the defendant has no record of punishment for the suspension of execution or higher.