A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 5, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic laws at the Seoul Central District Court, and KRW 3 million for a crime of violating road traffic laws at the Seoul Southern District Court on October 28, 2014.

On November 8, 2017, around 22:55, the Defendant driven a B-hand car with alcohol content of 0.108% under the influence of alcohol at the section of approximately 15km at the distance of approximately 15km to the roads adjacent to the Sungpo-gu Seoul Metropolitan Government Pungpo-ro 30-ro 58 Sungpo-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act of the community service order is two times, and the degree of drinking is relatively heavy, etc. are disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that there is no record of criminal punishment other than drinking driving and unlicensed driving, and that there is a smooth social relationship with a certain occupation.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the defendant is punished by imprisonment, but the execution of the sentence is suspended on condition of community service.

It is so decided as per Disposition for the above reasons.