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 August 19, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) from the Cheongju District Court’s Incheon District Court branch on August 19, 2010, and a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) from the Sungnam branch support on February 10, 2014.

[2] Although the Defendant had been punished for committing a violation of the Road Traffic Act (drinking) on at least two occasions, the Defendant driven a car with two low alcohol level from around 22:45 around November 28, 2016 to around 50 meters around the above sports complex, to the roads near the above sports complex, the Defendant driven a car with two low alcohol level under the influence of alcohol level of about 0.172% around the blood alcohol level.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of a copy of the summary order under statutes;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

There is a history of being punished twice as a crime of violating the Road Traffic Act (drinking), and in particular, the fact that the person causes a traffic accident while driving a drinking on around 2014 and led another person to injury.