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 December 24, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Suwon Flag Flag, and a fine of KRW 5 million for a violation of road traffic law at the Incheon District Court Branch on May 7, 2013, respectively.

[2] Although Defendant 1 had been punished for drinking two or more times as above, Defendant 2 driven Gysta car at around June 7, 2018, under the influence of alcohol concentration of approximately 0.074% from the 100-meter section of blood alcohol to the front of the road of Seo-gu Incheon Seo-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon.

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 a reply to inquiry, such as criminal history, report on investigation (verification of past punishment of the same kind);

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 an unfavorable circumstance to the defendant, such as the fact that the defendant, who had been punished twice or more due to drinking driving, once again drives a vehicle, has not been less than the nature of the crime due to driving under drinking, the amount of alcohol concentration in the blood at the time of detection exceeds 0.118%, and the occurrence of a traffic accident involving physical damage during driving under drinking, etc.

On the other hand, the defendant acknowledges 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 again, he does not drive drinking again.

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

The above circumstances and the age, sex, environment, family relationship, and motive and means of the crime of the defendant.