A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 11, 2009, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 7 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act on April 17, 2012.

On June 18, 2016, at around 22:31, the Defendant driven a DNA-learning car with approximately two meters of alcohol while under the influence of 0.195% alcohol concentration at the C restaurant parking lot located in Gangseo-gu Seoul, Gangnam-gu, Seoul.

Therefore, even though the defendant was driven by a motor vehicle while under the influence of alcohol and violated the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The application of statutes to references to criminal records and investigation reports (Attachment to the same summary order);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of being punished twice due to drunk driving, circumstances favorable to the fact that blood alcohol concentration is high: The fact that there is a reflectivity, the fact that there is no criminal record of a fine or heavier; and