A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 8, 2008, the Defendant received a summary order of one million won or more as a crime of violation of the Road Traffic Act from the Incheon District Court, and a summary order of 2.5 million won or more as a fine in the same court on June 3, 2011, respectively.

On April 26, 2019, around 18:55, the Defendant, who was punished for drunk driving, driven a vehicle B in the section of about 4 km from the blood alcohol concentration of about 0.141% to the roads in front of the 88 court distance from Nam-gu, Incheon, Nam-gu, Seoul, to the roads in front of the 88th court history.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state of standing, and report on the state of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, references to each disposition, preliminary records, results of confirmation, and application of Acts and subordinate statutes of each summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. 사회봉사명령, 수강명령 형법 제62조의2 양형의 이유 이 사건 범행은 음주운전으로 처벌받은 전력이 다수 있는 피고인이 재차 음주운전을 한 것으로서, 피고인이 운행하던 판시 차량이 비틀거리며 주행하는 것을 목격한 시민이 음주운전 의심신고를 하여 이 사건 범행이 적발된 점, 경찰 출동 당시 피고인은 판시 차량 안에서 술에 취하여 시동을 켠 채 잠이 든 상태로 발견된 점 등에 비추어 그 죄질은 매우 나쁘다.

However, it is advantageous to the defendant, such as the fact that the defendant recognizes his mistake and reflects, there is no history of punishment exceeding a fine, the fact that the driver transfers the vehicle to the subcontractor, and that he does not drive the vehicle absolutely during the disqualified period of driver's license.