A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On July 4, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on July 4, 2008, and a fine of KRW 4 million as a same crime in the same court on November 2015.

On July 17, 2017, the Defendant driven a C golf car at approximately 2 km section from the vicinity of the 419-gu tunnel to the front road of the Seongbuk-gu Seoul Yung National Road, in the influence of alcohol content of 0.142% during blood transfusion around 01:15, the Defendant driven a C golf car in the direction of about 2 km from the vicinity of the 419-gu tunnel to the front road of the 202-gu Seoul Western National Road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Consideration, such as the fact that there exists a history of punishment several times due to driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that there is no criminal punishment exceeding the fine, the fact that there is a family member to support, and the fact that it is against the period of detention