A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 1, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on April 1, 2008, and a summary order of KRW 3 million for the same crime at the same court on June 9, 2008.

Although the Defendant had had a record of driving alcohol twice or more as above, on June 23, 2016, the Defendant driven a Bchip car under the influence of alcohol concentration of 0.102% in blood at around 22:48 on June 23, 2016, and proceeded with approximately 300 meters prior to the Incheon Gyeyang-gu Incheon Gyeyang Culture.

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 results of crackdown on drinking driving;

1. Previous conviction: References to inquiries, reports on investigation (verification of criminal records), and copies of summary order attached thereto;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44-2 (1) of the same Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing specified below;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School and Article 62-2(1) are as follows: (a) even though there are a large number of criminal records of violating the Road Traffic Act, including three times of the same kind of crime, the Defendant was driving a vehicle under the influence of alcohol; (b) the driving distance was relatively short; (c) the driving distance was not in violation of other traffic-related Acts and subordinate statutes; (d) the Defendant was not punished for the same kind of crime for the remaining seven years; (e) the Defendant was not punished for the same crime during the remaining seven years; and (e) the Defendant’s erroneous acts are divided later; and (e) the Defendant’s age, sex, occupation, environment, family relationship, etc.