A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On August 5, 2005, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court. On August 25, 2006, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court. On May 18, 2009, the Seoul Western District Court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court. On August 16, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court.

【Criminal Facts】

On September 1, 2016, around 00:07, the Defendant driven a D car under the influence of alcohol of about 0.142% from the Do in front of the Yangcheon Confucian School Station located in Yangcheon-ro 341, Gangseo-gu, Seoul to the front road of the Gangseo-gu, Gangseo-gu, Seoul, Yangcheon-ro 251.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol content 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports (verification on three times the driving records of sound driving - copy of the judgment, copy of the summary order), investigation reports (Attachment of summary order - Copy of the summary order - Copy of the summary order) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution two years, community service, 160 hours, 40 hours in order to attend a law-abiding lecture (limited to reasonable circumstances) and the disposition of vehicles;