A defendant shall be punished by imprisonment for six 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 November 20, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on July 11, 2014, a summary order of KRW 1.5 million was issued for the same crime in the Sungnam Support of Suwon Friwon.

On July 13, 2017, at around 23:25, the Defendant driven a Dex EES300-h car under the influence of alcohol concentration of about 20km from the section of about 0.122% of alcohol content in the blood, from the front of the original restaurant located in the Seoyang-dong, Gwangjin-gu, Seoul Special Metropolitan City to the front of the amended funeral hall located in the Young-si, Young-si, Seoul Special Metropolitan City.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Written inquiry about criminal history, etc.;

1. Investigation report (Attachment of the summary order related to the previous history), application of a copy of each summary order under Acts and subordinate statutes;

1. In light of the facts charged in the relevant criminal facts, in light of the facts charged, “the defendant is a person who has been punished twice or more for violating the Road Traffic Act (drinking)” under the applicable law of the indictment, the phrase “Article 148-2 subparag. 2 subparag. 1 of the Road Traffic Act” appears to be a simple clerical error under Article 148-2 subparag. 1 of the Road Traffic Act.

Articles 148-2(1)1 and 44(1) of the Road Traffic Act (or imprisonment)

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows: (a) comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence is imposed as ordered.