A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Punishment of the crime

On August 28, 2017, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on March 12, 2018, the Seoul Western District Court received a summary order of KRW 4 million from the Seoul Western District Court to a fine of KRW 4 million for a violation of the Road Traffic Act.

On December 21, 2018, at around 03:15, the Defendant driven CMW car at approximately 20 km from the Gyeonggi-si Suwon-si, Gyeonggi-do, B to the roads in front of the Seoul East East-dong, Songpa-gu, Seoul East-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A drinking measuring instrument mark, a report on the results of the crackdown on drinking driving and a statement of the marks;

1. Statement of the status of the driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) considering the fact that the defendant had been punished twice due to drunk driving again despite his previous conviction, he does not have any record of punishment heavier than the previous fine of this case; (b) taking into account the circumstances favorable to drinking water; and (c) taking into account the defendant’s age, character and behavior, environment, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various conditions of sentencing specified in the arguments