A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 15, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act by the Incheon District Court on May 15, 2012, and was sentenced to a fine of KRW 4 million by the Incheon District Court on August 6, 2012.

Criminal facts

On May 30, 2015, at around 00:04, the Defendant driven B 5 car under the influence of alcohol with approximately 10 meters alcohol concentration 0.143% from the 10-lane to the 69th road, on the road where it is impossible to find out whether it is located in the upper Dong-gu, Seocheon-si, Seocheon-si.

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. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact, and consideration that there exists no past record of punishment heavier than imprisonment without prison labor);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;