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 May 2, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving), KRW 5 million as a fine for a violation of the Road Traffic Act, KRW 5 million as a fine on August 28, 2009, and KRW 2 million as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Seongbuk-gu Seoul Western District Court’s Branch on June 25, 2014, respectively.

The Defendant, as above, violated the provision prohibiting drinking under Article 44(1) of the Road Traffic Act twice or more, and driven the E body-man vehicle at around 03:00 on April 11, 2017, while under the influence of alcohol content of about 600 meters in the section near the road in Gangnam-gu Seoul Metropolitan Government D, and once again driving the E body-man vehicle at about 0.178% under the influence of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. A report on the record of drinking alcohol measurement, a statement on the circumstances of the driver of the driver's license, a report on the detection of the driver of the driver's license, and an investigation report (applicable without

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report-related Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor [the defendant shall be punished by imprisonment with prison labor in consideration of the following: (a) the defendant again commits the instant crime even though he/she was punished six times or more due to drinking, (b) the previous criminal records of the above drinking driving include the previous criminal records punished in 2014, which are relatively recent; (c) the majority of the criminal records of the traffic law violations, which may be deemed as the same crime as the instant crime, other than driving under drinking, (d) the degree of alcohol concentration in blood during the time of detection is considerably high; and (e) the occurrence of a traffic accident during driving under drinking (not being prosecuted)];

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (the fact that the defendant recognizes all criminal facts and reflects the criminal facts).