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 October 1, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) from the Incheon District Court Branch on October 1, 2014, and a fine of KRW 5 million from the Incheon District Court on January 6, 2015 to a crime of violating road traffic law (drinking driving).

[2] On November 20, 2016, the Defendant was driving BM7 car under the influence of alcohol with approximately 0.124% alcohol level from the 500m section to the front road of the Dong-si Kimpo-si, Gyeonggi-do, Kimpo-si around 22:45 on November 20, 2016, even though he had two alcohol driving skills.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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 execution of imprisonment with prison labor shall be suspended and the order to attend education shall be imposed on the accused for the reasons of sentencing under Article 62-2 of the Criminal Act, considering the circumstances where the same drinking driving force is fines twice a fine, and the risk of recidivism is posed;