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

On August 21, 2008, the Defendant was notified of a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Incheon District Court on August 21, 2008, and on May 20, 2015, the Defendant was notified of a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on May 20, 2015.

The Defendant, as above, violated the provision prohibiting drinking under Article 44(1) of the Road Traffic Act twice or more, and driven Cina vehicle under the influence of alcohol at about 7km from the roads near the Inndong-dong Seoul Metropolitan Government on March 3, 2017 to the road 617-3, Gangnam-gu, Seoul, while driving the Cina vehicle under the influence of alcohol at about 0.136% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of a driver driving a drinking, notification of the results of regulating drinking driving, and a statement of control;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting on the previous convictions and results of confirmation (Nos. 10 and 12 once a year), and copies of each summary order (No. 11 and 13 times a year);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a sentence of alternative imprisonment [the defendant has been punished for driving under drinking three times again while driving under drinking again, the recent 2015 includes the past records of punishment for driving under drinking in 2015, the driving without a license is reduced despite the previous record of the previous record of the previous record of the previous record of the previous record of the previous violation of the Road Traffic Act, and the traffic-related punishment records such as the violation of the Road Traffic Act even in addition to the previous record of the previous record of the driving under drinking, and the amount of alcohol concentration in blood at the time of detection is considerably high.