A defendant shall be punished by imprisonment 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

1. On June 30, 2008, the Defendant issued a summary order of KRW 700,000,000 for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court, on October 9, 2009, a summary order of KRW 1.5 million for the same crime at the Seoul Eastern District Court, and on November 11, 2016, a summary order of KRW 5 million for the same crime at the Seoul Western District Court.

2. Criminal facts: (a) on October 18, 2016, the Defendant driven a chip vehicle with approximately 6km alcohol concentration of about 0.17% in the section of about 0.17% in alcohol level, from the roads near Seoyang-dong 302-1, Seoyang-dong, Seoyang-gu, Seoyang-gu, 302-1 to the front road of the Kudong-dong, Eunpyeong-gu, Seoul, Goyang-dong 93-6.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act (drinking driving), he again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment of a summary order before and after drinking);

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had already been punished three times due to drinking driving, that the defendant was under the influence of driving under drinking on September 12, 2016 and again driving under drinking again on September 12, 2016, under the circumstances unfavorable to the defendant, the defendant repents his mistake, that there was no record of more severe punishment than the fine, etc., and the execution of imprisonment is suspended as above, considering the favorable circumstances favorable to the defendant.