A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 22, 2018, at around 23:45, the Defendant driven a Jeju-si car under the influence of alcohol concentration of approximately 0.059% in the section of approximately 300 meters up to the 1st class road of the 336 Seo-gu Incheon Seo-gu, Incheon, 647, the front of the 17th “ Jeju-gu Savings” road, the same funeral route.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a situation unfavorable to the defendant, where the defendant drives a vehicle while under the influence of alcohol 0.059% of alcohol content in his blood, and the nature of the crime is not weak. The defendant has a record of criminal punishment three times for the same crime even before, and the driving of alcohol is highly likely to inflict harm on another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, the previous previous previous criminal conviction was sentenced to a fine before 2012, and there was no record of criminal punishment for the same crime for the last five years, the wife and two minor children should be supported, and the fact that the defendant does not drive drinking again is more favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.