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 June 8, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking) in the support of the Suwon Flag Flag, and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on July 24, 2012.

[2] On March 10, 2018, the Defendant driven a B-low vehicle under the influence of alcohol concentration of about 15km from around 06:00 to around 06:00 on the same day at the agricultural parking lot near the culture distance in Shincheon-dong, Sincheon-dong, Incheon, while under the influence of alcohol concentration of about 0.094% from around 15km to the forest school in the G-dong, Gyeyang-gu, Incheon.

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of each part of the Acts and subordinate statutes of one copy of the inquiry, report on investigation, and judgment, 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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was sentenced to two times a fine due to a violation of traffic laws (driving alcohol) on or before 2010 and 2012; (b) the Defendant is against the instant crime; (c) the Defendant’s blood content (094%) at the time of the instant crime; (d) the Defendant’s age, sexual behavior, environment; and other Defendant’s age, sexual behavior, motive and background of the instant crime; and (e) the means and method of the instant crime; and (e) the circumstances after the instant crime was committed, etc., the sentence as ordered shall be determined by comprehensively taking account of the following factors: