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

On March 26, 2010, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law in support of the Sungnam-gu Friwon method, and on May 26, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime, etc.

On October 19, 2017, at around 23:44, the Defendant driven B-V car under the influence of alcohol content of about 500 meters at approximately 0.074% from the Do near the Seoul Southern-ro, Seocho-gu Seoul Southern-ro, Seoul, to the front road of the Kyan-gun, 131, Fyan-ro, Seoul.

Accordingly, the defendant, who violated the prohibition clause on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A response to a request for appraisal (No. 8 once a year), a report on the detection of a driver engaged in the primary business (no. 10 times a year);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 12) and each summary order (No. 13 times a net time);

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

1. Selection of an alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant has been punished twice due to drinking alcohol driving in the past and the fact that the defendant has been punished for driving under drinking in the recent 2015, relatively recent years);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity [The circumstances include the following are considered: (a) the accused recognizes criminal facts and reflects the criminal facts; (b) there is no penalty heavier than the fine prior to the instant case; (c) the amount of alcohol concentration in the blood at the time of detection is relatively lower; and (d) the distance moving from the blood by driving under the influence of alcohol is relatively short (the person appears to have been discovered while driving in order to go to his house at home after being employed as an agent).]

1. The Criminal Act, the suspension of execution;