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 Records of Crimes】 On May 4, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking) from the Incheon District Court’s Branch Branch on May 4, 2009; and on November 23, 2015, the same court issued a summary order of KRW 3 million for a crime of violating road traffic laws (drinking).

【Criminal fact-finding on September 2, 2017, the Defendant driven a B Sspo-type car under the influence of alcohol content of approximately 0.192% in blood from the 2km section from the inspo-si to the inspo-si, Seocheon-si to the 58-ro, Seocheon-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect's records of drinking and non-licensed driving records twice);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been subject to punishment twice or more due to drinking driving; (b) the alcohol concentration in blood is high by 0.192%; (c) the Defendant’s mistake is against himself/herself; (d) the Defendant is not subject to punishment exceeding the fine; and (e) the driving distance is short; and (e) other favorable circumstances are considered in favor of him/her; and (e) the sentence like the order shall be determined by taking into account various conditions for sentencing specified in the instant argument.