A defendant shall be punished by imprisonment for 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] On August 21, 2009, the Defendant was issued a fine of KRW 1.5 million to a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on November 21, 2017, the same court issued a fine of KRW 1.5 million to a crime of violating the Road Traffic Act (drinking driving).

[2] Although Defendant 1 violated the prohibition of driving under the influence of alcohol twice, on November 1, 2018, Defendant 2 driven a BS-type car under the influence of alcohol with approximately 0.082% of alcohol concentration in the 1km section from the 1km to the front road of the restaurant for the delivery of the delivery engineer located in the 173-ro of the Incheon Michuhol-dong, Nam-gu, Incheon Metropolitan City.

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 result of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (verification of the same criminal records as the suspect), and application of Acts and subordinate statutes of double summary order;

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 crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, where the defendant, who already had been punished twice or more due to drinking driving, drives a vehicle again, and the quality of the crime is not less than that of drinking, and the driving of drinking is highly dangerous to harm the life, body, etc. of another person. Thus, it is necessary to strictly punish the defendant for eradicating the crime.

On the other hand, the fact that the defendant recognized the crime of this case, there is no past history of criminal punishment exceeding the fine due to the same crime, and the amount of alcohol concentration in blood at the time of detection is not relatively more than 0.082%, and it does not cause traffic accidents involving personal and material damage while driving alcohol again.