A defendant shall be punished by imprisonment for not more than ten 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.

On March 21, 2008, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving on drinking), etc. at the Suwon Flag Flag, and on March 7, 2011, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving on Drinking) at the Suwon Flag Flag Flag.

Criminal facts

On April 21, 2018, the Defendant, while under the influence of alcohol content of 0.247% in blood around 02:10, the Defendant driven a shower car at approximately 6km from the roads near the Gangnam-gu Seoul Cheongdamdong to the roads in front of the Pacific Office Office in the 111 as Seoul Songpa-gu, Songpa-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the indication of a drinking measuring instrument;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (fixture of judgment, etc.), and text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant has two times the past records of criminal punishment due to drinking (two times the punishment) and driving a vehicle under the influence of alcohol, even though he/she has the past record of criminal punishment due to the refusal to take measurements of drinking, and the responsibility for such crime is not less complicated.

In addition, the defendant's blood alcohol concentration is high at the time of driving the drinking of this case, and the distance of drinking driving is not short.

However, the fact that the defendant recognized the crime of this case and reflected his mistake shall be considered as favorable to the defendant.

In full view of the above circumstances, the records of this case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, and all other circumstances constituting the conditions for sentencing as shown in the trial process.