A defendant shall be punished by imprisonment for one year.

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] The defendant was issued a summary order of KRW 2 million at the Seoul Eastern District Court on September 24, 2008 for a crime of violation of road traffic law (drinking driving), and on November 12, 2007 at the Seoul Northern District Court on November 12, 2007.

[2] Although Defendant 1 had a drinking record on at least two occasions, Defendant 2 driven a B-child car under the influence of alcohol at approximately 0.179% in the 5km section of approximately 5km to the front road of the Mandong-dong, Songpa-gu, Seoul, Seoul, for approximately 23:3 on July 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. Article 148-2 of the Criminal Act applicable to the crime, Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the circumstances where: (a) the reasons for sentencing under Article 62-2 of the Criminal Act include seven times the number of punishment due to drinking alcohol or non-licensed driving; (b) the blood alcohol concentration is considerably significant; and (c) the fact that there has been no record of punishment exceeding the fine until now exceeds the fine so far; and (d) other factors of sentencing as indicated in the instant trial process, such as the Defendant’s age, sex behavior, living environment, and circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as indicated in the order.