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 May 26, 2018, around 06:40 on May 26, 2018, the Defendant driven a approximately 7km section from May 26, 2018, to the same Gu-ro, 354, from the Simna, from the Simna, Seo-gu Incheon Seo-gu, Seo-gu, Incheon, to the same Gu-ro, and from the Hanmna, to the Hanmna road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant’s operating of a vehicle while under the influence of alcohol is not less vulnerable to the nature of the crime; (b) the Defendant had been subject to criminal punishment twice for the same crime; (c) the amount of alcohol concentration in the blood was considerably higher than 0.163% at the time of detection; and (d) the Defendant also caused a traffic accident resulting from physical damage while driving a vehicle under the influence of alcohol.

On the other hand, the defendant recognized the crime of this case and against the mistake, the previous previous previous criminal conviction was punished by a fine in 2004, and there was no record of criminal punishment for the same crime for a considerable period of time, and again, he does not drive drinking again.

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

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.