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 May 7, 2007, the Defendant issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on May 7, 2007, and on April 19, 2012, a summary order of a fine of KRW 3 million for the same crime from the vice branch of the Incheon District Court on April 19, 201, on at least two occasions, and has the history of violating Article 44(1) of the Road Traffic Act.

Nevertheless, on April 10, 2017, the Defendant, while under the influence of alcohol of 0.105% during blood, driven a BN city car with approximately KRW 1 km from the neighboring road of Yeonsu-gu, Yeonsu-gu, Incheon to the front road of the smoke-distance in the same Dong while under the influence of alcohol content 0.105%.

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 the previous convictions and the summary order attached thereto), and the application of Acts and subordinate statutes attached 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, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Courses are as follows: (a) although the Defendant had three times of the same kind of crime, and even under the influence of alcohol, driving a motor vehicle in this case under the influence of alcohol; (b) however, the nature of the crime does not seem to violate other traffic-related Acts and subordinate statutes; (c) the degree of alcohol concentration in blood was relatively high; (d) the Defendant’s misunderstanding of his mistake was delayed; and (e) the Defendant’s age, sex behavior, environment, family relationship, etc. was considered in all other circumstances that are the condition for sentencing, and such punishment is determined as above.