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

[criminal power] On December 15, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 08:30 on May 18, 2019, the Defendant driven an Epis vehicle from the Yeonsu-gu Incheon Metropolitan City B apartment with a blood alcohol concentration of 0.07% from May 18, 2019 to the “D” in Yeonsu-gu C, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records before judgment: Application of inquiry reports and investigation reports (report accompanied by a summary order) including criminal records, etc.;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 was punished twice due to drinking driving in 2006 and 2015, but there is a high possibility of criticism by again committing the instant crime.

The measured drinking water level has reached a considerable degree.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

Although the accident occurred while drunk driving, it seems that it is not caused by the fault of the defendant.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.