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 October 9, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 from the Seoul Southern District Court to a fine of KRW 100,000 as a crime of violating the Road Traffic Act (drinking driving), and from the support of the Suwon Flag Flag on February 12, 2008 to a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at least twice.

[2] On October 12, 2017, at around 00:28, the Defendant driven B1 ton cargo vehicles with alcohol content of about 0.078% in blood while under the influence of alcohol at about 9km in the section of approximately 9km from the right side of the port-dong coast wharf in Jung-gu Incheon, Jung-gu, Incheon to the border of the same city, Nam-gu, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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. Under Article 62-2 of the Criminal Act, the court shall comprehensively take into account all the circumstances that form the conditions for sentencing revealed in the instant case, such as the circumstances unfavorable to the reasons for sentencing (the same type of crime, in spite of the fact that the person has been punished several times), favorable circumstances [the fact that the person has committed the crime, the fact that the drinking volume of the instant case is relatively high, the fact that there is no record of crime exceeding a fine for about 25 years and the recent 20 years (no record of criminal punishment since 2011)] and other factors, such as time distance from the past of the same punishment, driving distance, the age of the accused, the background or motive leading to the crime, and the circumstances after the crime, etc., and determine the punishment as ordered in the instant case.