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 December 30, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving in drinking), and on February 28, 2014, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving in drinking), etc.

[2] Although Defendant 1 had a alcohol driving force twice or more as above, Defendant 2 driven CNS car while under the influence of alcohol with approximately 0.103% alcohol level from the 15km section of approximately 15km to Sknsan-dong, Chungcheongnam-gu, Seoul Metropolitan City from the Do near the station of the State of the Nam-gu, Nam-gu, Incheon Metropolitan City on March 7, 2018, and driving CNS car level in the influence of alcohol level from around 0.103%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, and investigation report (report on the situation of the driver of drinking);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, investigation report (A), and Acts and subordinate statutes;

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

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture are as follows: (a) the Defendant’s prior conviction, the Defendant’s alcohol density, drinking distance, and other circumstances constituting the instant crime, such as the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, living environment, and circumstances after the commission of the crime, etc., and the sentencing conditions as indicated in the previous and previous theories, shall be determined by taking into account the following circumstances.