A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 27, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, and on December 26, 2008, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon Flag, respectively.

[Criminal facts] On June 21, 2017, around 04:16, the Defendant driven B beer cruise cruise car while under the influence of alcohol leveling 0.123% on the road of the Nam-gu, Incheon Metropolitan City sand village and alcohol leveling 0.123% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Investigation report (report on the situation of the driver in charge); and

1. The suspect's photograph locked on the vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of criminal history of the same type);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The defendant, with the reason for sentencing Article 62-2 of the Criminal Act, once again drives drinking, even though he had the record of being sentenced to a fine twice due to drinking, as stated in the judgment.

The defendant has a history of criminal punishment of five times, including the above drinking driving criminal, and all of them are punished for traffic crimes.

The defendant's drinking numerical value is not easy.

Since the Defendant was exposed to the police in the situation where he was diving while driving alcohol while being in the signal atmosphere, it was likely to cause a serious danger to road traffic.

The defendant did not comply with the police control process, and the defendant was forced to shock the patrol vehicle while getting off the vehicle.

Considering the social risk of drinking driving, it shall be considered.