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

[criminal history] On May 20, 2013, the Defendant was sentenced to a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 20, 2013, and a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 30, 2015.

[2] On January 9, 2017, around 06:50, the Defendant driven B K7 cars under the influence of alcohol concentration of approximately 0.172% from the 300-meter section of the blood alcohol level to the front road of the gym apartment in the budget of the Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-do.

Accordingly, the Defendant driven the said car under the influence of alcohol, despite the fact that the Defendant had been punished for drinking more than twice as above, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each investigation report (Evidence List 8, 9, 15, 16, 22) and each internal investigation report (Evidence List 14, 17);

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of past punishment of the same kind);

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. 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. In light of various circumstances, such as the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence identical to the order shall be determined, taking into account the following: (a) the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, etc., is considerably high in the drinking level of the reason for sentencing under Article 62-2 of the Criminal Act;