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 19, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 4 million for the same crime at the same court on September 30, 2014.

On January 8, 2017, the defendant had a history of driving a motor vehicle twice or more as above, but around 12:50 on January 8, 2017, while under the influence of 0.059% of alcohol during blood, the defendant driven a B car with a alcohol concentration of 0.059% while driving a motor vehicle, and driving the B car at a distance of approximately 1.5 km from the road in front of the 21-13th day of Incheon Southern-gu to the road in front of the 31st day of the same Gu-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), and copies of summary order attached thereto; and

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

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 Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that the Defendant, in spite of the two-time criminal records of drinking driving and several times of violation of the Road Traffic Act, is not good in the course of the crime of this case where he drives a motor vehicle under the influence of alcohol without a driver's license. However, in the previous case, the Defendant deemed that the drinking would be sufficiently visible after drinking, and thus, the Defendant gets to drive the motor vehicle, and the amount of alcohol concentration in blood is the numerical value.