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 July 31, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Western District Court on July 31, 2007, and on August 13, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million for a violation of the Road Traffic Act at the Seoul Southern Southern District Court (which appears to be a clerical error in the indictment). On May 7, 2009, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Western District Court on February 9, 2010, and was sentenced to a suspended sentence of 6 months with a imprisonment of 2 years for a violation of the Road Traffic Act at the Seoul Western District Court on August 13, 2007.

On June 9, 2017, under the influence of alcohol concentration of 0.075% during blood transfusion, the Defendant driven C Freight Vehicles at approximately 300 meters from the front path of Eunpyeong-gu Seoul Eunpyeong-gu, Seoul to 110 roads as the promotion of Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (referring to a summary order and report attached to the judgment) by 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. 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 Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime are considered, and the sentencing conditions indicated in the present case’s records and changes shall be determined as ordered.

Unfavorable circumstances: The defendant's past record of punishment five times due to drinking driving, and the defendant's past record of punishment four times due to driving without a license is more favorable: the defendant's mistake is recognized, and the same crime is the same.