A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 26, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of road traffic law in the Incheon District Court's Vice-Support on August 26, 2010, and a fine of KRW 2 million for a crime of violation of road traffic law at the Incheon District Court's District Court on May 22, 2012.

Criminal facts

On September 19, 2017, around 00:35, the Defendant driven BM5 vehicle under the influence of alcohol level of 0.150% in blood alcohol level from approximately 2 km to the front of cosmetic materials located in 671 (Wean-dong), from the vicinity of the literature stadium located in the Nam-gu Incheon Metropolitan City Literature-dong, to the front of the cosmetic materials located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act, considering favorable circumstances such as the defendant's three times of driving without a license, the fact that the defendant has been punished twice due to drinking driving, the fact that drinking is high, the fact that there is no record exceeding a fine, the fact that there is no record of exceeding a fine, and the fact that there is no traffic accident, etc., the punishment as ordered shall be determined by taking into account favorable circumstances, and taking into account all kinds of sentencing conditions, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances