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

[criminal history] On December 5, 2002, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the Dong Branch of the Seoul District Court. On January 27, 2011, the Defendant received a summary order of KRW 1.5 million for the same crime from the Jung-gu District Court on the same day. On August 9, 2012, the Defendant received a summary order of KRW 1.5 million for the same crime from the Jung-gu District Court on the same day.

[2] On December 23, 2016, at around 01:10, the Defendant driven a DNA car with alcohol content of about 0.142% from the ground parking lot front of the site of “C” in Mapo-gu Seoul Metropolitan Government to the roads front of the said drinking house.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Records of judgment: References to inquiries, such as criminal history, reports on investigation (report on confirmation of the same kind of force), and application of the summary order-related 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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture have already been punished three times due to drinking, and driving again again, despite the fact that the defendant had already been punished due to drinking, and the fact that the drinking value of this case is relatively high, etc., under the circumstances unfavorable to the defendant, the defendant repents his mistake, has no record of being punished more severe than the fine, and the driving distance of this case is extremely short, etc., shall be determined by taking into consideration the circumstances favorable to the defendant, as above.