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 November 18, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (drinking driving), etc. at the main branch of the Chuncheon District Court on November 18, 2008, and on July 28, 2014, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving) at the Incheon District Court on July 28,

On April 3, 2017, the Defendant driven a sports cargo vehicle B with alcohol concentration of 0.174% under the influence of alcohol around 22:59 on April 3, 2017, even though he had a history of driving alcohol twice or more as above, and proceeded with a section of approximately 400 meters from the road inside the body of a frier in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, through driving of a sports cargo vehicle B at a level of alcohol concentration of 0.174%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Previous convictions: References to inquiries, investigation reports (verifications on two occasions the driving force of suspect drinking), summary orders attached thereto, and the application of respective Acts and subordinate statutes;

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 Road Traffic Act, even though there were two times of criminal records of a violation of the Road Traffic Act, and even if there were several times of criminal records of a violation of the Road Traffic Act, the crime of this case was committed while driving a motor vehicle under the influence of alcohol, but the nature of the crime is not weak, but the driving distance was relatively short, and the driving distance was dissatisfing his mistake and selling the motor vehicle, etc., and all other circumstances leading to the sentencing conditions, such as the defendant's age, sexual behavior, environment, and family relationship, are considered.