A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant received a fine of KRW 700,000,000 from the Incheon District Court on November 10, 2006 as a crime of violating the Road Traffic Act (driving) and a fine of KRW 2 million from the same court on April 4, 201 as the same crime.

[Criminal facts] On April 30, 2017, the Defendant driven a B-hand car at a section of about 300 meters from the non-fluoral area below the territory of the Nam-gu Incheon, Nam-gu, Incheon, to the 666-free wedding hall, while under the influence of alcohol level of 0.086% during blood transfusion around 00:41.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was two times the same power as that of the defendant, but the defendant's responsibility is less than that of re-offending.

However, the past records are relatively old punished by a fine and there is no criminal history exceeding a fine for the defendant, not only the drinking volume and driving distance of this case, but also the criminal records of the defendant's crime, such as the amount of drinking alcohol of this case and driving distance, the defendant's perception of his/her mistake is divided in depth, the defendant's living is making it difficult for the defendant to support his/her children, and the defendant's age, sexual behavior, environment, motive, means and result of the crime, etc. and other sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered