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 October 4, 2006, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking), etc. at the Seoul Southern District Court on August 4, 2006. On August 20, 2008, the Defendant was sentenced to a suspended sentence of two years in August 20, 2008. On January 5, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking) at the Suwon District Court on July 5, 2012.

On April 22, 2017, at around 05:40, the Defendant driven a Boper car under the influence of alcohol concentration of 0.069% from the parking lot of the office of “original construction” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the front road of 138 Gangseo-gu, Gangseo-gu, Seoul, the Goper car under the influence of alcohol concentration of 0.069%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report attached to the judgment, etc.);

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

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. Although the reason for sentencing of Article 62-2 of the Criminal Act on the grounds of community service and order to attend lectures has the same kind of records to the defendant several times, and even after being sentenced to imprisonment with the same force, it is not good to proceed to the crime of this case. However, since there are favorable circumstances, such as the confession and reflect of the crime of this case, and the drinking value is not high, it shall be taken into account.