A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 1, 2015, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of road traffic law (drinking driving) in the support of the Sugwon method, and on April 14, 2016, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of 6 months for a violation of road traffic law (drinking driving), and has violated Article 44(1) of the Road Traffic Act on at least two occasions.

[Criminal facts] On March 27, 2018, the Defendant driven DMW car under the influence of alcohol with approximately 0.169% alcohol concentration at approximately 4km from the 4km section from the roads of the Seo-gu Incheon Family Branch to the roads in front of C in the same Si/dong-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the same kind of force of the suspect and confirmation of the degree of suspension of execution of the sentence);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on the Mitigation of Small Amount Reduction reflects the defendant's wrongness.

However, the Defendant, at the Seoul Southern District Court on April 14, 2016, was sentenced to a suspended sentence of 2 years on the grounds of a violation of the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (licensed driving), a violation of the Road Traffic Act, a forgery of a private signature, and a violation of the above investigation signature, and was sentenced to a suspended sentence of 6 months, but there was a high possibility of criticism by putting the same kind of crime in the instant case (the Defendant was punished as a crime of injury during the said suspended sentence). Other factors such as the Defendant’s age, sexual behavior, environment, background and consequence leading to the instant crime, means and consequence, circumstances leading to the instant crime, similar cases after the commission of the crime, and other various sentencing conditions as indicated in the instant argument are considered.