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 9, 2007, the Defendant received a summary order of a fine of two million won or more for a crime of violating the Road Traffic Act at the Incheon District Court on July 9, 2007, and on September 14, 2012, the Defendant received a summary order of a fine of five million won or more for the same crime at the same court and received a summary order of a fine of five million won or more for the same crime.

On December 27, 2017, around 23:20, the Defendant driven a B-hurged car with approximately KRW 0.083% alcohol concentration in blood at a section of about 1km from the B-hurg in the direction of the Nam-gu Incheon, Nam-gu to the 7.18-hurg, Nam-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: Application of two copies of a written inquiry, a written inquiry, a criminal investigation report (referring to the previous convictions and reports), and a copy of summary order, such as criminal history;

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 crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, such as the fact that the defendant, who has already been punished twice or more due to drinking driving, once or more times, once again drives alcohol, is not under the nature of the crime. The defendant's driving distance at the time is not short of the distance of driving under the influence of alcohol, resulting in considerable danger to road traffic, and the fact that drinking driving is highly dangerous to harm another person's life, body, or property and requires strict punishment.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there was no record of criminal punishment exceeding the fine for the same crime before, and the amount of alcohol concentration in blood was relatively high at the time of detection, and again, he/she does not drive alcohol again.

It is hard to say that it is favorable to the defendant.

The above circumstances and conditions are as follows.