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

Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking) on September 4, 2017, the Defendant driven B QM5 car in the state of under the influence of alcohol content 0.125% from the 100-meter section of alcohol during blood to the road in Songpa-gu Seoul Metropolitan Government from the roads front of the Jinseong-dong, Songpa-gu, Seoul to the 109 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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 (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;