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

On July 2, 2015, the Defendant received a fine of six million won as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on July 2, 2015, and a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on August 6, 2015.

On December 7, 2017, the Defendant driven B car under the influence of alcohol content of about 0.102% from the section of approximately 500 meters to the front road of the Kimpo-si Park Jongpo-si, Kimpo-si, 1:09, “Sungpo-si, 109” to 1:9, Kimpo-si, 1:9, Kimpo-si, Kimpo-si, 1:00 to 8,000-ro, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of alcohol and a statement in the circumstances of the driver involved in drinking;

1. Notification of the results of regulating the driving of drinking, the ledger of measuring instruments using drinking, and each field photograph;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Criminal Act reflects his/her mistake, the punishment is determined as ordered by comprehensively taking into account the circumstances of the driving of the instant drinking, the alcohol concentration in blood, the contents and frequency of the records of the same crime, the circumstances after the crime, such as the defendant's age, sexual behavior, family relationship, economic circumstances, etc.