A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 3, 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, and a summary order of KRW 1.5 million from the same court on June 2, 2008 to a fine of KRW 1.5 million for the same crime.

Criminal facts

Although the Defendant had been punished twice or more due to drinking driving, around April 2, 2016, at around 01:49, the Defendant driven B leto or car under the influence of alcohol with approximately 0.068% alcohol concentration from around the road near the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Council to the road in front of 294, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing) of the mitigated amount

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished three times or drinking driving, including the driving force of drinking as stated in the judgment of the defendant, and in addition, the defendant had been punished two times by driving without a license, and again, it is necessary to punish the drinking of this case.

However, the above punishment shall be determined by taking into account the fact that the defendant's mistake is recognized, there is no record of punishment other than the above criminal records, and the alcohol concentration among the blood of this case is not high.