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

[criminal history] On January 9, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on the same day. On May 3, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act by the same court on the same day. On November 14, 2013, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act.

[2] On June 4, 2017, at around 03:33, the Defendant driven a Dhive-purged car with a alcohol concentration of about 100 meters from the Kandong apartment parking lot in Seodaemun-gu Seoul to the roads in front of the said Kudong apartment at approximately 100 meters.

As a result, the defendant has violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol not less than twice, and has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Records of judgment: Application of an inquiry letter, investigation report (report on confirmation of the same kind of force), and other relevant Acts and subordinate 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 to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the instant records and arguments, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined by taking into account the following circumstances:

D. Unfavorable circumstances: the defendant had the record of punishment three times due to drinking driving, and the circumstances favorable to the fact that he again committed the crime of this case: the defendant has recognized his mistake, and the defendant is subject to criminal punishment in addition to the three times fine due to the above drinking driving.