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 1, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) in the support of Suwon Frigwon, and a summary order of KRW 2 million for the same crime at the Incheon District Court on October 23, 2017, respectively.

[2] On July 14, 2018, at around 00:10, the Defendant driven a vehicle B, while under the influence of alcohol content of about 0.095% from the 1km section to the king-distance road located in the same Gu, located in the middle-gu Incheon, Jung-gu, Incheon. 302-ro, 16-15, the trade name in front of the king bathing beach located in the middle-gu 302-ro 16-15.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a car while under the influence of alcohol.

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 driving;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes 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. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking driving, is likely to debris the crime of this case again.

The drinking volume of the accused has reached a considerable degree: Provided, That the accused has led to the confession of the crime and reflects the mistake.

A defendant has no record of having been sentenced to imprisonment without prison labor or heavier punishment.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.