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 September 10, 2010, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on September 10, 201, and was punished on November 3, 2015 by a fine of four million won for the same crime at the Seoul Northern District Court on the same day.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.068% among the blood transfusion around 22:00 on November 15, 2017, driven a B Karen car at the section of about 25km from the Maur parking lot located in Songpa-dong 119-4, Songpa-gu, Seoul, to the 13rd-ro air route in Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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 amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the depth of the crime in this case and has no previous conviction heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;