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

[criminal history] On February 21, 201, the Defendant was issued a fine of one million won for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court on February 21, 201, and a fine of two million won for the same crime at the Seoul East East District Court on July 11, 2014.

[2] Although the Defendant had been punished for drinking driving two or more times as above, on June 16, 2018, around 05:59, the Defendant driven a Bbenz car with approximately 50 meters alcohol content 0.076% under the influence of alcohol during blood, on the road near the Lao-distance in the Southern-gu Incheon Metropolitan City, Nam-gu, Seoul, Seoul, and the agricultural products also driven a Bbenz car with approximately 0.076% alcohol content around every market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the result of regulating drinking driving;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and the crime of causing serious danger and injury to the life, body, etc. of a person with serious drinking driving, and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and the amount of alcohol concentration in blood at the time of detection is relatively easy to 0.076%, and again, he does not drive alcohol again.

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

The above circumstances and the defendant's age, sex, environment, family relationship, and crime.