A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 20, 2009, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on November 20, 2009, and two million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on November 10, 201.

Nevertheless, on January 13, 2018, the Defendant driven a Cmari-off car while under the influence of alcohol content of about 0.085% in a section of approximately 20 meters near the road, 06:02, Seocheon-si B, and the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the report on the circumstances of driving at home, the statement on the circumstances of the driver at home, and the inquiries about management of the reports on the main entry;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that even though the defendant had been punished two times by a fine for the same criminal record, the crime of this case is not good.

다만, 피고인이 반성하는 점, 피고인이 음주 후 차량에서 잠이 들었다가 새벽에 깨서 술이 좀 깼다고

I think, the punishment as ordered shall be determined by comprehensively taking into account the motive and circumstances discovered after driving a 20-meter section for returning home, the circumstances after committing the crime, and other various circumstances.