A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 26, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for a violation of the Road Traffic Act (drinking driving), and on November 6, 2013, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime.

On November 25, 2015, the Defendant 21:10 around November 25, 2015, while under the influence of alcohol level of 0.192% among blood alcohol, driven a B L-free car and proceeded with approximately one km section from the roads near the station located in the south-gu Incheon Metropolitan City, Seo-gu, Incheon, to the road of 351, South-gu, Incheon, Han-ro, Han-ro, Man-ro, 1km on the same day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Response to a request for appraisal;

1. A previous conviction: Application of a written inquiry and a written reply;

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 in depth, 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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Education, even though the defendant had the same criminal history of two times, and if so, the defendant committed the crime in this case. Although the amount of alcohol concentration among bloods is extremely high at the time of enforcement, the crime in this case is not less than that of the defendant, but the defendant does not reach the point of violating other traffic-related Acts and subordinate statutes, his mistake is divided later, and the vehicle in this case is sold, etc., and the punishment should be determined as above, taking into account all other circumstances such as the defendant's age, sex, occupation, environment, family relation, etc.