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

The Defendant, at the Incheon District Court on October 4, 2013, issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), on November 4, 2009, issued a summary order of KRW 1.5 million for the same crime at the same court on November 4, 2009, and issued a summary order of KRW 1 million on December 18, 2008 by the same court on December 18, 2008, respectively, and violated Article 44(1) of the Road Traffic Act at least twice.

Nevertheless, on May 29, 2016, the Defendant driven a B Spo-type car under the influence of alcohol content of 0.083% in blood around 00:45 on May 29, 2016, and proceeded with approximately 50 meters from the front of the Seo-gu Incheon Central Hospital to the front of the Incheon Seo-gu Incheon Central Hospital.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (Attachment to summary orders for driving the same kind of suspect drinking), and application of Acts and subordinate statutes attached thereto;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that the Defendant, in spite of a number of criminal records having violated the Road Traffic Act including three times of the same kind of crime, was not enough to commit the instant crime. However, the Defendant, after drinking with his/her her friend and drinking, made a driver by making a mistake in determining that his/her friend and drinking are friend, a few hours after drinking the friend, is relatively low, and the alcohol content in the blood is relatively low, and the Defendant’s friend and friend, and all other circumstances constituting the conditions for sentencing such as the Defendant’s age, sex, environment, and family relationship are considered.