A defendant shall be punished by imprisonment for six 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

[criminal history] On December 28, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch, and on September 5, 2011, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On March 16, 2017, the Defendant driven Bi30 automobiles under the influence of alcohol content of about 0.212% from the 7.4km section in Seoul Special Metropolitan City Nowon-gu to the 209-ro, a new forest in Seoul Special Metropolitan City, while under the influence of alcohol by around 22:58.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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, a report on the detection of a primary driver (No. 9 No. 200);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of a criminal record before drinking and a summary order), and application of each summary order Acts and subordinate statutes;

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 again commits the instant crime even though he/she has been punished twice due to drinking driving, the fact that the amount of alcohol content in blood is considerably high, and the distance moving from driving by driving under drinking is relatively narrow);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (i.e., taking into account the following circumstances: (i) there is no record of being punished by a fine heavier than the fine prior to the instant case; (ii) there is no record of being punished due to drinking after 201; and (iii) there is no record of being punished due to driving after 201; and (iv) there is no endeavor to avoid driving of drinking, such as making use of an agent for drinking after drinking, etc.);

1. Article 62(1) of the Criminal Act (the grounds for the reduction of the amount of punishment repeated);