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 July 1, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving), and a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving) on May 4, 2016, respectively.

[2] On June 16, 2018, at around 00:15, the Defendant driven C 3 vehicles under the influence of alcohol content of about 45 km from the parking lot for the company office located in Gangdong-gu Seoul Metropolitan Government, to the front road of the Seocheon-gu, Seo-gu, Incheon, Seo-gu, Incheon.

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

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 result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification twice the driving force of drinking), and summary order, respectively;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture is a situation unfavorable to the defendant since the defendant, who had been already punished twice or more due to drinking driving, has again driven a vehicle by drinking, and the nature of the crime is not somewhat weak, the distance of drinking driving is a very long distance of 45km, and the driving of drinking is a high risk of causing harm to the life, body, etc. of another person.

On the other hand, there is no record of criminal punishment exceeding the fine for the same crime before recognizing the crime of this case and against the mistake, and at the time of detection.