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 26, 2008, the Defendant was issued a summary order of a fine of two million won as a crime of violating the Road Traffic Act at the Incheon District Court on September 26, 2008, and was sentenced to a suspended sentence of two million won on January 15, 2009 by the same court for the same crime, etc.

Although the Defendant had had a history of driving alcohol more than twice as above, on October 29, 2016, the Defendant driven Bone Starsch motor vehicle under the influence of alcohol concentration of 0.053% in blood around 00:21 on October 29, 2016, and proceeded with a distance of about 200 meters from the front of the Southern-dong middle school located in 7, Namdong-gu, Incheon, Nam-gu robrogate, to the third 3 km road of the same 603 km.

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 (a confirmation before and after the driving of a suspect's drinking), and application of the summary order and copy of the judgment attached thereto;

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

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 suspended execution. Article 62 (1) of the same Act on the grounds for sentencing specified below;

1. The reasons 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 are as follows: (a) although the Defendant had a large number of criminal records of violating the Road Traffic Act, including the four-time criminal records of the same kind of crime, driving a vehicle under the influence of alcohol; (b) the degree of alcohol concentration in blood is relatively low; (c) the driving distance is relatively short; (d) the violation of other traffic-related Acts and subordinate statutes; (e) the Defendant does not seem to have any error; and (e) the Defendant’s age, sex, occupation, environment, family relationship, etc. are written in consideration of all the circumstances that are the conditions for sentencing, including the Defendant’s age, sex, occupation, family relation.