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 October 27, 2014, the Defendant was issued a summary order of KRW 7 million for a violation of road traffic law (drinking driving), and a summary order of KRW 7 million for the same crime at the Incheon District Court on October 29, 2014.

On August 30, 2016, the Defendant driven a burner car with B 0.112% alcohol concentration in blood around 23:10, while under the influence of alcohol, and proceeded with approximately 2 km section from the front of the restaurant in which the trade name in the Southern-gu Incheon Metropolitan City is unknown, to the front of the road in the Southern-gu, Incheon, Nam-gu, to the front of the road in front of the sex traffic of about 166.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

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 convictions: References to inquiries, investigation reports (Attachment to summary orders), and copies of summary orders attached thereto; and the application of Acts and subordinate statutes applicable thereto;

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 and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course are as follows: (a) the Defendant committed the instant crime in which a number of times of violation of the Road Traffic Act, including the two kinds of criminal records, even though there were several times of violation of the Road Traffic Act; and (b) the Defendant was not guilty; (c) the Defendant, in the case of the instant crime in which a representative driver, who is drinking after drinking in the workplace ceremony, was allowed to drive a representative vehicle at the place of work, who is not from time to time, is not in violation of other traffic-related Acts and subordinate statutes; (d) the Defendant’s age, sex, occupation, environment, and others.