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 April 28, 2010, the Defendant received a summary order of KRW 2 million as a violation of the Road Traffic Act (drinking driving) from the Incheon District Court, and a summary order of KRW 4 million as a fine in the same court on January 2, 2015, respectively.

[2] On March 22, 2018, the Defendant driven a B-car under the influence of alcohol content of 0.082% in blood, from the road near the Handong Forest Hospital for Operation of Gyeyang-gu Incheon, Incheon, to the road front of the 743 Su-gu, Gyeyang-gu, Incheon, in the direction of alcohol concentration of 0.082%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and the crime of causing serious danger and injury to the life, body, etc. of a person with serious drinking driving, and thus, it is necessary to strictly punish the defendant.

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, the alcohol concentration ratio in blood at the time of detection does not exceed 0.082%, and the traffic accident involving personal and material damage is not caused during the driving of drinking, and again, he/she does not drive drinking again.

It is hard to say that it is favorable to the defendant.

The above circumstances and the age, sex, environment, and family relationship of the defendant.