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 March 29, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) at the Incheon District Court.

[2] On September 27, 2017, the Defendant: (a) driven a DNA car while under the influence of alcohol content of about 0.086% in a section of about 100 meters, from around 02:25 to around 68 meters of the day from the front road of the Incheon Gyeyang-gu Operation Dong of Gyeyang-gu, Incheon, the same day; (b) around 02:25, the Defendant was driving a DNA car with alcohol content of around 100 meters.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a copy of an summary order attached) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 sentence shall be determined as ordered by comprehensively taking into account all the circumstances revealed in the instant case, such as the protection and observation, community service order, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act (the fact that a person has been punished several times for the same type of crime and has committed a second offense despite the record of punishment), favorable circumstances (the fact that the crime is recognized and reflected, and the drinking volume of this case is relatively high) and other circumstances, such as the distance between time and the past record of the same kind of punishment, driving distance, the age, sex, sex, home environment, health conditions, the circumstances leading to the crime, and the motive leading to the crime, and the circumstances after the crime.