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 April 7, 2015, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on February 24, 2016, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[2] On October 4, 2017, at around 01:18, the Defendant driven a B B mountain-pon car under the influence of alcohol content of about 500 meters from around 500 meters in a section of alcohol to around the roads of Incheon Bupyeong-gu, Incheon, Seo-gu, Incheon, with water from the front of the 49-gil-gu, Bupyeong-gu, Incheon. to the front of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the actual condition of the driver concerned, such as a survey report on actual condition, site photograph, etc.;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction in the same case and confirmation);

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. 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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he was punished twice due to drinking or drinking traffic accidents in a relatively recent years, the defendant's responsibility is not less and less than that of the defendant in this case.

However, the past records are punished by a fine, and there is no particular criminal history against the defendant, and the part of traffic accident damage has been smoothly agreed with the victim, the defendant's mistake has been divided into his/her depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined as ordered in consideration of various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, etc.