A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 28, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on September 28, 2012 and a summary order of KRW 4 million for the same crime at the same court on February 10, 2014.

Although the Defendant had had a history of driving alcohol more than twice as above, on March 12, 2017, around 23:50, under the influence of alcohol concentration of 0.121%, the Defendant driven a coo vehicle in B, while under the influence of alcohol concentration of 0.121%, and proceeded with a distance of about 1 km from the front of the 111-200 So-dong, Nam-gu, Incheon, Nam-gu, Seodong-gu, 111 to the front of the oil station at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions concerned and the summary order attached thereto) and the application of Acts and subordinate statutes attached thereto;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, and Article 62-2(1) of the Act on the Punishment, etc. of Education, the Defendant, in spite of the past criminal records of two times of crime and several times of violation of traffic-related Acts and subordinate statutes, is poor in the course of committing the instant crime in which the Defendant drives a vehicle under the influence of alcohol, but the nature of such crime does not reach a violation of other traffic-related Acts and subordinate statutes, but the Defendant’s mistake does not appear late, and the Defendant’s age, sex, occupation, environment, family relationship