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 October 31, 2012, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. On July 1, 2017, and received a summary order of KRW 4 million from the Seoul Northern District Court on September 8, 2017 regarding the above criminal facts.

On July 23, 2017, around 02:50, the Defendant driven a B-A car in the state of alcohol alcohol concentration of approximately 50 meters from the 55-day, Jongno-gu, Jongno-gu, Seoul to the 4-way road in the same Gu postal administration bureau, while under the influence of alcohol concentration of 0.235%.

Accordingly, the defendant who violated the prohibition of driving under the influence of alcohol not less than twice and drives a motor vehicle under the influence of alcohol again.

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol, an investigation report (report on the situation of the driver of drinking alcohol), and an investigation report;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, report on internal investigation (No. 12 times a year), inquiry of the fact of the control of drinking driving (No. 13, 14, and 15 times a year), attachment of summary order after drinking and accident (No. 26 times a year), confirmation of the subject of drinking-free driving (No. 27 times a year), and the application of 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 imprisonment with prison labor chosen to punish the Defendant [the Defendant shall be punished by imprisonment with prison labor in consideration of the following: (a) the Defendant has already violated the prohibition of drinking driving twice; (b) the Defendant again committed the instant crime even if he had been under the influence of drinking prior to the occurrence of the instant case; and (c) the Defendant had been driving again under the influence of drinking again because it was no longer until now passed since he was under the influence of drinking; (d) the Defendant’s behavior may be deemed to lack awareness of the risk of drinking driving or lack of compliance consciousness; and (e) the fact that the amount of alcohol concentration