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

[criminal history] On June 29, 2016, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic law (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court). On December 24, 2014, the Defendant was sentenced to a fine of three million won for the same crime in the same court.

[2] Although Defendant 1 was punished twice as a crime of violating the Road Traffic Act as seen above, Defendant 2 driven B-Wen car at the section of approximately 800 meters around the entrance of the new Handong apartment in Gangnam-gu, Seoul, while under the influence of alcohol at around 05:40 on August 20, 2017, the alcohol level of around 0.110% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A control report and an appraisal report on alcohol during blood transfusion;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (the consideration is that the alcohol concentration is not relatively high among the bloods caused by respiratory measurement, is limited to approximately 800 meters from the driving distance of alcohol, and is against the law);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant has been driving before and after drinking.

However, a punishment shall be determined by taking into account the fact that the blood alcohol concentration among blood obtained by pulmonary measurement is not relatively high (in light of the fact that, in most cases, alcohol concentration in blood obtained by pulmonary measurement is considered as a ground for sentencing, not only the blood alcohol concentration in blood obtained by blood collection but also the blood concentration in blood obtained by pulmonary measurement is also considered as well as the blood concentration in blood obtained by pulmonary measurement), the fact that the blood alcohol concentration is excessive to approximately 800 meters from the driving distance of alcohol, and that it is against the law.