A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On March 30, 2010, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court. On November 24, 2016, the Defendant was sentenced to a suspended sentence of two years, a community service for 80 hours, and a compulsory driving instruction for 40 hours in imprisonment with prison labor for the same crime, etc. on November 24, 2016. The judgment became final and conclusive on December 2, 2016.

[2] On September 9, 2018, Defendant 1, who had been punished twice or more as above, driven Cbenz car in the state of alcohol alcohol concentration of about 0.075% from the 2km section from Seo-gu, Incheon to the front distance of Seo-gu apartment from Seo-gu, Incheon to around 2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a driver of a vehicle driving, notification on the results of regulating the driving of a vehicle driving, photographic measurement of drinking, and details of 112 report;

1. References to inquiries, investigation reports (No. 12 once a year), application of each written judgment-related statute;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the defendant was subject to criminal punishment three times from around June 2006 due to a crime of violating the Road Traffic Act (other than a crime of violating the Road Traffic Act (or without a license), and the defendant, on November 24, 2016, committed the instant crime during the suspension of the execution of imprisonment for six months due to a crime of violating the Road Traffic Act (or without a license) and a crime of violating the Road Traffic Act (or without a license) on a condition that he was sentenced to a two-year period of suspension of the execution, eight-hour community service, and forty-hour-hour driving instruction, even though he was sentenced to a suspension of the execution of the sentence, the defendant was driving the vehicle as a stop while driving the vehicle, and the police officer who received a report on the suspension of the sentence was forced to stop the vehicle, but the police officer controlled the vehicle by allowing the defendant to stop, and conducted the investigation record on the following five-hour.