A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 5, 2008, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act at the Incheon District Court on September 5, 2008, and a fine of 4 million won for the same crime at the same court on June 15, 2012.

Although the Defendant had been subject to punishment twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven the Cone Star Track Track in the section of about 119 meters from the French mid-gu, Incheon, Jung-gu to the 119th street, while under the influence of alcohol level of 0.097% during blood transfusion around 21:30 on August 28, 2016, in the state of under the influence of alcohol level of 0.097%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment and report thereon);

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);