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 February 5, 2010, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a violation of the Road Traffic Act (drinking driving), and on January 28, 201, the Incheon District Court issued a summary order of KRW 3.5 million to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (dacting driving).

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking driving), around October 27, 2017, at around 22:00, the Defendant driven a B car with alcohol content of at least 0.128% during blood while under the influence of alcohol at around 22:0 on October 27, 2017, and proceeded with approximately 14 km section from the apartment parking lot of the Goyang-si Gan-si Gan Village to the road near the Seo-gu, Incheon Metropolitan City to the oil station near the Seo-gu, Seo-gu.

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 results of crackdown on drinking driving;

1. Previous conviction: References to inquiries, investigation reports (verification of the same kind of force), and copies of summary order attached thereto; and

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, 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 and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School are as follows: (a) although there are two times of crime records and several times of violation of the Road Traffic Act, the crime of this case was committed while driving a motor vehicle under the influence of alcohol; (b) although it does not amount to violating other traffic-related Acts and subordinate statutes; (c) a person requests a substitute driver to drive a motor vehicle on a multiple occasions after drinking, but did not assign a substitute driver, the person directly drives the motor vehicle; (d) his mistake is divided later; and (e) the defendant's age, sex, environment, and family relationship are all the conditions for sentencing.