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 21, 2007, the Defendant was sentenced to a fine of 700,000 won for the crime of violating the Road Traffic Act at the Jung-gu District Court on May 21, 2007. On August 28, 2013, the Defendant was sentenced to a fine of 5 million won for the crime of violating the Road Traffic Act at the Pyeongtaek-gu District Court on Eunpyeong site.

On July 27, 2016, at around 00:01, the Defendant driven a car under the influence of alcohol with approximately 50 meters alcohol concentration of 0.185% from the front road of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the front road of the Susung apartment located in 180 as a cause for the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on pro rata drivers (blood collection result), and the result of appraisal of state and water;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (pre-dispositions and investigation reports);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime in order to return the difference under the obligation to provide community service and undergo education to the proxy and return the difference under the obligation to provide a new substitute. However, even if the said assertion is true, it cannot be a justification for committing the crime of drinking driving.

Considering all favorable circumstances for the defendant, such as the defendant's blood alcohol concentration is very high at the time of the defendant, and the defendant has the ability to punish the fine for drunk driving twice. The defendant reflects the defendant, there is possibility of dismissal under the rules of employment when the defendant is sentenced to a suspended sentence of imprisonment or heavier punishment, and there is no penalty force exceeding the fine.

In addition, it is judged that it is difficult to take the action of the fine in addition to the case.

The age, occupation, character and conduct, environment, and circumstances before and after the instant crime are committed.