A defendant shall be punished by imprisonment for 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 November 17, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two occasions by receiving a summary order of KRW 3 million for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on November 17, 200, by receiving a summary order of KRW 1 million for the same crime from the same court on December 15 of the same year.

[2] On April 17, 2018, around 02:42, the Defendant driven a B 9-car under the influence of alcohol concentration of about 0.096% from the 50-meter section of blood alcohol to the long distance from the 51st century-ro 46 Doo-ro, Nam-gu, Incheon, Nam-gu, Incheon to the 51st century-ro 46 Doo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, inasmuch as the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and the quality of the crime is not somewhat weak, and the driving of drinking is a high risk of causing harm to another person's life, body, etc., and thus, requires strict punishment.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and the amount of alcohol content in blood at the time of detection is not relatively more than 0.096%, and it does not cause a traffic accident involving personal and material damage while driving alcohol, and again, he/she does not drive alcohol again.

It is hard to do so.