A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 5, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and KRW 2 million for the same crime at the Seoul Western District Court on August 21, 2015, respectively.

On December 2, 2017, around 08:08, the Defendant driven a BMW U.S. car in the state of 0.058% alcohol concentration in blood from approximately 5km section from the front side of the French-dong Seoul Mapo-gu Seoul Metropolitan Government to the long distance of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, was driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times the driving force of drinking alcohol, and repeated crimes within the short period, etc. are disadvantageous to the defendant.

However, there are favorable circumstances such as there is no criminal history other than drinking driving power, and maintaining a smooth social relationship with a certain occupation.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the defendant is punished by imprisonment, but the execution of the sentence is suspended on condition of community service.

It is so decided as per Disposition for the above reasons.