A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 15, 2016, the Defendant was sentenced to a fine of 4.5 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and was sentenced to suspension of indictment on January 12, 2018 by the Seoul Northern District Prosecutors' Office as a crime of violating the Road Traffic Act (drinking driving).

On February 11, 2018, at around 22:50, the Defendant driven a B low-water vehicle with alcohol content of about 0.167% while under the influence of alcohol at a section of about 5km-ro 332, Jung-gu, Seoul, Jung-gu, Seoul, for about 684-20.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous conviction: Application of a reply to inquiry, summary order, and written decision not to prosecute, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Taking into account the fact that an order to attend a lecture or an order to provide community service has served twice punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again leads to the instant crime, there is no criminal punishment exceeding a fine, and the fact that it is against the said order;