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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 27, 2009, the Defendant received a fine of one million won as a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on August 27, 2009 and a summary order of two million won as a fine in the same court on September 27, 2014.

[2] Although Defendant 1 had been punished twice or more due to driving of drinking, Defendant 2 was under the influence of alcohol content of 0.124% in blood around April 12, 2018, Defendant 2 driven B-A-D-d-d-d-d-d-d-d-d-d-p-d-p-d-p-s-p-d-p-d-p-d-p-d-p-d-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

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

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

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 of the Criminal Code of the Order to Attend a lecture has the history of being sentenced to a fine twice due to the Defendant’s violation of the Road Traffic Act, and the Defendant’s blood content (0.124%) at the time of the instant case is relatively high. Meanwhile, the Defendant’s crime of this case is against the Defendant, and the Defendant’s age, sex and behavior, environment, motive, process, means and method of the instant crime, and circumstances after the instant crime, etc. are considered, and the sentence like the order is determined by taking account of the following factors: the Defendant’s age, sex and behavior, environment, motive and method of