A defendant shall be punished by imprisonment for 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 September 11, 2008, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence due to a violation of road traffic law at the Jung-gu District Court on September 11, 2008, and on December 8, 2016, the Defendant was sentenced to 1 year of suspended sentence for six months of imprisonment and the above judgment became final and conclusive on December 16, 2016 on the ground that he/she driven under drinking at the Incheon District Court on September 27, 2016.

Although the Defendant violated Article 44(1)(d) of the Road Traffic Act twice, the Defendant driven a B-motor vehicle under the influence of alcohol concentration of 0.15% on November 1, 2016 at around 18:50 on November 1, 2016, and proceeded with approximately 6 km from the roads adjacent to the Seo-gu Incheon Western IC to the southdong-gu white-ro of 226.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (before the previous convictions, and reports attached to indictments), judgments bound by such judgments, copies of indictments, inquiries about summary information of the case, and application of copies of the judgments under the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the period between the above crime and the first head on which the judgment becomes final and conclusive and the violation of Road Traffic Act in the judgment of the court];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., was three times the criminal history of the same kind of crime, and even in the case of driving a vehicle under the influence of alcohol, the crime is not deemed to have been committed, but it does not result in violating other traffic-related Acts and subordinate statutes. The above crime may have been tried together in the first head's violation of the Road Traffic Act (dacting) and the other concurrent crimes after Article 37 of the Criminal Act. The above crime may have been tried together in the relation of concurrent crimes after Article 37 of the Criminal Act, and later, the defendant's mistake