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.

On May 7, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (drinking driving) by the Seoul Northern District Court, and on October 19, 2012, the Defendant was sentenced to imprisonment for 10 months and 2 years of suspended execution.

Criminal facts

On May 7, 2018, the Defendant driven CK5 cars from the roads of Songpa-gu, Seoul to the 1km of New Naocheon-gu, Songpa-gu, Seoul while under the influence of alcohol content of 0.140% during blood transfusion on May 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Investigative inquiries about criminal history, investigation reports (Attachment to the same criminal records and attachment of the judgment), and application of two copies of the 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 defendant, for the reason of sentencing Article 62-2 of the Criminal Act, driven a vehicle under the influence of alcohol even three times (two times a punishment, two times a suspended sentence, one time a suspended sentence) with the power of criminal punishment due to driving under drinking, and the liability for the crime is not exceptionally applied.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, and that there is no record of punishment for driving under drinking until the previous year of this case after he was punished for driving under drinking in 2012, etc.

In the above circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and all the circumstances constituting the conditions for sentencing as shown in the instant records and the trial process, shall be comprehensively considered, and the sentence shall be determined as ordered.