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 August 22, 2012, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) from the Gangnam District Court branch on August 22, 2012. On November 22, 2012, the Defendant was subject to a summary order of KRW 4 million due to the same crime in the same court. On February 20, 2016, the Defendant driven a B low-water vehicle with alcohol concentration of KRW 0.136% under the influence of alcohol among blood alcohol at approximately 70 meters from the front of the new town-dong square located in Gangseo-si, Gangnam-si, 2016 to the front of the 163-dong-dong apartment at the same time.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances around the driver;

1. Each site and vehicle photograph;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 suspension of execution (the grounds, etc. for the mitigation of the amount of punishment as mentioned earlier);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the applicable scope] shall be determined by taking into account all the circumstances that form elements of sentencing, such as the reflection of six months to one year [the sentence] imprisonment, the frequency and contents of the same kind of power, the course and number of the enforcement of the instant case, the enforcement background and drinking volume, the Defendant’s family environment and support relationship, etc., and the execution of the sentence shall be suspended on condition that the community service work for a certain period