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 August 24, 2007, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking) at the Seoul Eastern District Court on August 24, 2007, and a fine of four million won as a same crime at the Jung-gu District Court on November 29, 2012.

On July 8, 2017, the Defendant driven a BM6 vehicle under the influence of alcohol with approximately 0.133% alcohol concentration in blood from around 22:07 to around 5 North-ro, Jung-gu, Seoul, Jung-gu, to the front of the inspection station in Jung-gu, Seoul.

As a result, the defendant was punished not less than twice as a crime of violating the Road Traffic Act, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of drinking driving force, etc.) statute;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant again committed the instant crime even though he had been punished by a fine on three occasions due to drinking alcohol and driving without a license, and even if he had the record of being punished by a fine on one occasion due to driving without license, considering the circumstances unfavorable to the Defendant, such as the fact that the amount of alcohol concentration during blood transfusion is very high at the time of the instant crime, the Defendant’s acknowledgement of the instant crime is against the wrongness, and the Defendant’s support is being supported by the mother, etc. in consideration of favorable circumstances.