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.

Punishment of the crime

On December 21, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on December 21, 2007, and a summary order of KRW 2,00,000 as a fine in the same court on September 8, 208.

On July 24, 2018, the Defendant, while under the influence of alcohol of 00:50% during blood, driven a vehicle B Benz E400m from the underground parking lot of 73-gil 54, Seocho-gu Seoul, Seocho-gu to approximately 73-gil 54, as the Seocho-gu Seoul, with the alcohol content of 0.198%.

As a result, the defendant was punished twice or more due to drinking, but he again driven the drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. A written statement on the occurrence of each traffic accident;

1. A CD in the scene of an accident;

1. Previous convictions in judgment: The application of two Acts and subordinate statutes in duplicate of a reply to inquiry, such as criminal history, investigation report, and summary order;

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;

2. 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).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

4. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service again leads to driving of the drinking of this case even though the defendant had been subject to two times punishment due to drinking, and the fact that the amount of alcohol concentration among the blood of this case was high, etc. unfavorable to the defendant, or the fact that each criminal record of driving the above drinking was the punishment records for ten years, the defendant was not driving the above drinking, and there are some other circumstances that may be somewhat considered in the circumstances of this case, such as the defendant's age, sex, family relation, circumstances, and circumstances after the crime.