A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On October 7, 2016, the Defendant was issued a summary order of 6 million won for a violation of the Road Traffic Act (drinking driving), etc. by the Incheon District Court, and on January 8, 2017, the Defendant was sentenced to a suspended sentence of 2 years in the same court on June 26, 2017 and was sentenced to a suspended sentence of 2 years in the same court for the same crime, etc., and is currently under suspended sentence, and is a person who violated Article 44(1) of the Road Traffic Act at least twice

[Criminal facts] On April 28, 2018, around 05:25, the Defendant driven a car in Cmea while under the influence of alcohol content of about 2km from around 0.130% of alcohol content at around 0.130% at the entrance of the 590 Cheongra International City, as from the front of the Seo-gu Incheon Metropolitan City B, Seo-gu to the long-distance road at the entrance of the 590 Cheongra International City.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, and a photograph of the accident scene;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are as follows: (a) the Defendant had a record of criminal punishment on around November 2013, 2013, around October 2016, and around January 2017; (b) the recidivism during the suspension period; (c) the Defendant’s blood alcohol concentration at the time of the instant case is relatively high; (d) the Defendant’s blood alcohol concentration at the center of the road while driving under the influence of alcohol; (b) the Defendant caused the instant crime; (c) the Defendant reflects the instant crime; and (d) on the other hand, the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime; and (e) the circumstances after the instant crime was committed, etc., the sentence identical to the order of sentencing as indicated in the instant records and trial proceedings shall be determined by comprehensively taking into account the following factors.