A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 February 15, 2008, the Defendant was issued a summary order that imposes a fine of one million won for a crime of violating the Road Traffic Act in the Incheon District Court’s Vice-Support on February 15, 2008. On January 10, 201, the Defendant issued a summary order that imposes a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on January 10, 201. A person who violated Article 44(1) of the Road Traffic Act on at least two occasions.

[Criminal facts] On October 5, 2016, the Defendant was under the influence of alcohol level of 0.151% during blood transfusion around 00:15, and was driving B Pool over the 2km section of approximately 2km away from the dives road located in the Gangnam-gu Seoul Metropolitan Government Newdong to the road adjacent to the Giberian hotel located in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating the driving of drinking, the results of measuring the drinking, and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (former two-time driving records), and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. As stated in the reasoning of sentencing of Article 62(1) of the Act on the Suspension of Execution, the sentencing conditions of the Defendant, such as the Defendant’s age, sex, environment, and circumstances after the crime, shall be determined as indicated in the order, in consideration of the driving force of drinking more than 0.1% in blood alcohol again, even though they had been able to drive twice the alcohol.