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 January 15, 2013, the Defendant is a person who violated Article 44(1) of the Road Traffic Act not less than twice, such as a fine of three million won for a violation of the Road Traffic Act (drinking) at the Incheon District Court on January 15, 2013, and a fine of two million won by the same court on July 31, 2017.

Nevertheless, on September 27, 2017, the Defendant, while under the influence of alcohol of 0.054% during blood, driven three freight cars with B sealed and 3 freight cars with a alcohol content of 0.054%, and proceeded with approximately 500 meters from the front of the Dongdong apartment to the front road of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 416, an original route from the front of the Dongdong apartment to the front road of the Busan Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol during blood;

1. A previous conviction: Application of a written inquiry and a written reply;

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

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

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) of the Road Traffic Act, even though there were two times of crime records of violation of the Road Traffic Act, and even if there were several times of crime records of violation of the Road Traffic Act, the crime in this case was committed while driving a motor vehicle under the influence of alcohol. However, the crime in this case does not reach the degree of violation of other traffic-related Acts and subordinate statutes, the degree of alcohol in blood is relatively low, the driving distance was relatively short, the fact that the defendant's mistake was repented later, and all other circumstances that are the conditions for sentencing such as the defendant's age, sex, environment, family relationship