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

On February 4, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 1.5 million from the Incheon District Court to a fine of KRW 4 million for the same crime in the case of a violation of the Road Traffic Act (driving of Drinking) in the support of the Friwon method for the Defendant on February 4, 2008, and Article 44(1) of the Road Traffic Act at least twice.

On July 30, 2017, the Defendant driven B Poter truck at the section of approximately 500 meters from the front side of the Bupyeong-gu Incheon Bupyeong-gu Office to the front side of the 168 Bupyeong-gu Office, Incheon Bupyeong-gu, as the Defendant was under the influence of alcohol content of 0.307% among blood transfusions on July 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous and confirmation, summary order and attachment of judgment);

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

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 order shall be determined by comprehensively taking into account all the circumstances revealed in the instant case, such as drinking alcohol, the observation of protection and community service order, the community service order, the condition unfavorable to the punishment of Article 62-2 of the Criminal Act (the same type of crime committed again despite the fact that there has been several punishments), favorable circumstances (the fact that the crime is recognized and reflected, and the criminal records exceed the fine) and other factors, such as the distance of time from the previous punishment, driving distance, the defendant’s age, sexual behavior, environment, circumstances leading to the crime, and the circumstances after the crime.