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

On July 7, 2011, the Defendant was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Road Traffic Act in the Seoul Western District Court on August 7, 201, and was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 2, 201, and a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on September 16, 2009, and a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on April 28, 2005, respectively.

On April 25, 2017, around 03:33, the Defendant driven a B-learning car under the influence of alcohol content of about 0.150% from the same Gu Island from the Do in front of the hospital located in Yungdong in Seoul Special Metropolitan City, Nowon-gu to the 17th road.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

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. 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the Defendant had been punished several times due to drinking alcohol driving in the past, is again committing the instant crime. Considering the fact that the Defendant’s blood alcohol concentration is very high at the time of the instant crime, the punishment shall be determined by considering the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflected the mistake.