A defendant shall be punished by imprisonment for six 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 August 24, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 24, 2007, and a fine of three million won for the same crime at the Jungbu District Court on March 27, 2008.

On September 21, 2016, at around 21:55, the Defendant driven C rocketing car with the blood alcohol concentration of about 0.184% in a 4km section from the front of the Green Community Center located in the Yyangdong to the new male underground street car located in the same city with the consent of the same city.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, response to requests for appraisal, and inquiry into the results of the regulation of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgment of a same kind driving under the influence of alcohol);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the defendant's punishment of a fine on three occasions due to drinking driving: The defendant recognized the crime of this case and seriously reflects the defendant; the defendant was transferred to a place where an acting driver is easily found; there was no record of punishment exceeding the fine; the elderly's elderly and wife; the support of his children; the defendant's age, character and behavior, environment, means and result of the crime; the circumstances after the crime were committed, etc. shall be comprehensively considered and determined as the sentence as ordered.