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 May 29, 2007, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 5 million from the Incheon District Court to a crime of violating the Road Traffic Act (drinking) on September 9, 2013.

[2] On August 27, 2017, at around 06:20, the Defendant driven a ice car under the influence of alcohol concentration of 0.190% from the Dong apartment parking lot located in Bupyeong-gu, Incheon, Bupyeong-gu to the 63rd-gu, Seocheon-gu, Nowon-gu, Seoul, to the end of the 2km-gu, Seocheon-gu, Seocheon-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement statement, investigation report (report on the circumstances of the driver in charge) and report on the circumstances of the driver in charge of the driving of the week;

1. Inquiries about the results of crackdown on driving under drinking;

1. A response to a request for appraisal (the records of the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes of the summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

It is difficult to reflect the above circumstances as favorable sentencing factors because alcohol concentration is considerably high even if it was controlled due to drinking while driving on the part of two times as a crime of violating the Road Traffic Act (drinking).