A defendant shall be punished by imprisonment with prison labor for up to 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 April 1, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on April 1, 2008. On April 12, 201, the Defendant was issued a summary order of 2.5 million won for the same crime at the Incheon District Court on April 12, 201. On May 9, 2012, the Defendant was punished on two or more occasions due to drinking, such as imprisonment with prison labor for the same crime, etc., under the influence of drinking.

Nevertheless, on April 18, 2018, the Defendant driven a cub car in B with approximately 1k-m alcohol concentration of about 0.110% in alcohol while under the influence of alcohol, from the center located in the metropolitan area located in the Eup or Myeon in the same city where the Si roads are located in the Eup or in the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act on the grounds that the Defendant again committed the instant crime even though he/she was punished for a violation of the Road Traffic Act, is not good, and thus, choice of imprisonment is not good. However, considering the criminal records, etc. of the Defendant, the execution thereof shall be suspended and incidental disposition shall be imposed to prevent the second offense.