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

On November 22, 2006, the Defendant, at the Incheon District Court, committed a violation of the Road Traffic Act (drinking driving), committed a violation of the Road Traffic Act (drinking driving); and on November 12, 2014, the Defendant, upon receiving a summary order of a fine of KRW 2 million from the same court as the same crime, has violated the alcohol driving two times or more.

On March 17, 2018, around 01:24, the Defendant driven a B-hand motor vehicle with alcohol content of at least 0.163% while under the influence of alcohol at approximately 50 meters from the 17th road of the same city, as in the transmission of the same city, from the upstream of the Meptn-dong, Busan Metropolitan City to the 17th road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 9);

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 reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s two times of having been sentenced to punishment due to the Defendant’s violation of the Road Traffic Act (driving of alcohol) on 2006 and 2014; the Defendant’s blood content (0.163%) at the time of the instant case is relatively high; on the other hand, the Defendant reflects the instant crime; the Defendant’s age, sex, sex, environment, motive and background of the instant crime, means and method of the instant crime; and circumstances after the instant crime was committed, etc., the sentence identical to the order shall be determined by comprehensively taking account of the following factors: