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

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

Punishment of the crime

On December 1, 2014, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court, and on April 23, 2015, the Defendant was issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.

On July 17, 2017, around 22:49, the Defendant driven a D car under the influence of alcohol content of about 0.074% in the 3km of alcohol from the front of the cafeteria 10-gil 12, an all-round “debris” road located in the 10-lane 12, Jeju-do, to the front of the “Neburg” road located in the 10-gil 12, an all-round 3km.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sex, family relationship, and circumstances after the crime, etc.

- Unfavorable circumstances - The degree of body and driving of a person is different, but drinking is likely to lead to traffic accidents in case of drinking by affecting people's physical ability, and the risk of recidivism is high.

Article 148-2 of the Road Traffic Act (amended by Act No. 10790 of June 8, 2011) stipulates the punishment standards for drinking driving in proportion to the frequency of drinking driving and the value of alcohol concentration in blood for the purpose of preventing the driving of drinking which threatens the safety of traffic on the road and ensuring the awareness of the driving of drinking.

- The Defendant shall be punished twice by drinking alcohol during the last three years, as stated in the judgment.