A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 15, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking) from the Daejeon District Court’s Branch on December 15, 201, and a summary order of KRW 6 million for the same crime in the same court on April 21, 2014, respectively.

On November 14, 2016, at around 23:55, the Defendant driven a BN-si car in the state of alcohol alcohol content of approximately 0.069 percent from the 3 kilometer section of approximately 0.069 percent of alcohol content among blood, from the front of a mutually influent restaurant in Pyeongtaek-si to the front road of the original real estate located in Ansan-si Eup/Myeon.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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. Protective observation and community service order under Article 62-2 of the Criminal Act;