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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 12, 2015, the Defendant was punished on two or more occasions by a summary order of a fine of one million won by committing a violation of the Road Traffic Act in the Incheon District Court on August 12, 2015, and on June 28, 2017, the same court issued a summary order of a fine of four million won by the same crime.

On May 3, 2019, at around 02:00, the Defendant driven a D-wing vehicle while under the influence of alcohol concentration of about 0.070% in the section of approximately 300 meters for multi-household houses located in Yeonsu-gu Incheon Metropolitan City to the apartment houses located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, etc. Act, is not that the defendant was punished twice for the same kind of crime in the last five years, but that the defendant was not liable to repeat the crime.

However, the drinking water of this case is relatively high, and the defendant is able to repent his mistake in depth.

Defendant has no criminal records of suspended sentence of imprisonment or heavier punishment.

In full view of the above circumstances, the punishment as ordered shall be determined as above.