A defendant shall be punished by imprisonment for six 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

The Defendant, at the Incheon District Court on June 15, 2012, issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act, and on July 25, 2013, the Defendant was sentenced to imprisonment for six months and a suspended sentence of two years for the same crime in the same court on July 25, 2013, and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

Nevertheless, on May 22, 2016, the Defendant driven a CF car under the influence of alcohol of about 0.062% of alcohol content from a section of about 5 km from the later side of Samsung Electronic Factory, which is located in Jyeong-dong, Sinsi, Sinsi, Sinsi-si, to the Gulung-dong, in the same Sinsi-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

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

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. In light of the fact that Article 62-2 of the Criminal Act of the Order to Attend the Course provides that the Defendant is seriously punished and that the Defendant again commits the instant crime without being aware of the fact that he/she had been sentenced twice to a fine due to the crime of drinking alcohol driving, and that the current Road Traffic Act provides that the person who has violated the prohibition of drinking alcohol driving at least twice shall be punished more strictly, it is necessary to strictly punish the Defendant and improve the awareness of the criminal conduct of drinking alcohol driving.

However, the driving of the instant drinking is determined as ordered by taking into account the following circumstances: (a) the driving of the drinking in this case is under the influence of the drinking while driving the drinking at a low level, and the drinking level is not so high; and (b) the Defendant’s age, sex, environment, and circumstances before and after the crime, etc., as shown in the argument of this case: (a) the driving of the instant drinking in this case is under the influence of the drinking at a low level;