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 June 5, 2007, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating road traffic law in the Incheon District Court’s Vice-Support on the part of Incheon District Court, and a summary order of KRW 2 million for the same crime in the same court on August 12, 2016, respectively.

[Criminal facts] On April 23, 2018, the Defendant driven a B-type car from about 2 km to around 162, a day from 14:3 Roon-ro, Seocheon-si, Seocheon-si, 0.142% alcohol level while under the influence of alcohol level around 20:40 on Apr. 23, 2018.

As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, results of investigations (verification of suspect drinking driving force), and application of two copies of summary orders;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of the following conditions of sentencing as shown in the records, such as alcohol concentration, driving distance, age, occupation, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc.

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has been punished by a fine on two occasions due to driving under drinking, but has again driven under drinking without being able to do so.

- However, the defendant is able to repent in depth and not repeat his mistake.

- There is no past record of punishment exceeding the fine prior to the instant case.