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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant had a record of having been sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on November 28, 2007, and a fine of one million won for the same crime at the same court on August 7, 2013.

[2] On April 7, 2018, around 17:20, the Defendant driven a B-to-pur motor vehicle under the influence of alcohol concentration of about 0.127% from the 7km section to the front road of Taesan Apartment apartment located in the city of Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a driver at home, an investigation report, and a statement on the circumstances of the driver at home;

1. A report on investigation, and a list of reported cases;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture and the Order of Community Service was that the defendant was punished three times by a fine on September 2001, around November 2007, around August 201, and around August 2013. The defendant was diving on the road while driving the instant drinking, and the police officer who received the report 112 was under the influence of drinking, was under the control of drinking by shouldering the defendant. At the time of the instant case, the alcohol content (0.127%) was relatively high. Meanwhile, the defendant was against the Defendant’s blood alcohol content at the time of the instant case. Meanwhile, the defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the instant crime, etc., shall be determined by taking into account the following factors: the order of sentencing as well as the order of sentencing as indicated in the instant records and the trial process.