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

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

Punishment of the crime

On February 29, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on May 11, 201, a fine of KRW 2 million as the same crime at the Seoul Western District Court on May 14, 201, and a fine of KRW 5 million as the same crime at the Seoul Central District Court on May 14, 2015, respectively.

At around 03:00 on March 2, 2019, the Defendant driven an E-motor vehicle under the influence of alcohol content of about 0.186% from around 50 meters to around 03:19 the same day from the front of the “Ccafeteria” road located in Gwangjin-gu Seoul Special Metropolitan City, Seoul, to the front road of the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;