A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 March 10, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court, and on February 17, 2011, the Ulsan District Court issued a summary order of KRW 2,50,000 as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (drinking driving).

[Criminal facts] around 21:00 on September 21, 2018, the Defendant driven a e-learning car while under the influence of alcohol leveling 0.117% in the 40-meter section near D side road located in Guro-gu Seoul Metropolitan Government, with a alcohol leveling to 0.17% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report, such as confirmation of the records of the same criminal defendant);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence is determined as ordered by taking into account various sentencing conditions such as the defendant's criminal records, blood alcohol concentration level, the process and detection of drinking while driving alcohol, the age, sexual behavior, environment, etc.