A defendant shall be punished by imprisonment with prison labor for up to 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 July 19, 201, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on July 19, 201. On August 30, 2013, the Seoul East District Court issued a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving).

[2] On February 5, 2018, around 19:40, the Defendant driven B 130 automobiles while under the influence of alcohol concentration of about 0.072% from the blood 1km to the front road located in the 5-lane 45 of the same Guntain-ro 45, from the Do in front of the “walinginginginging place to be equipped with an Songdo” located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon. 79, the Defendant driven Bi30 automobiles under the influence of alcohol concentration of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. The pertinent Article of the Act and Article 148-2 (1) 1 of the Road Traffic Act applicable to criminal facts and the bill of indictment concerning the selective punishment are stated in the bill of indictment, but in light of the records of this case, the phrase “Article 148-2 (2) 1 of the Road Traffic Act” is deemed to be a clerical error in the “Article 148-2 (1) 1 of the Road Traffic Act,” and thus, it shall be corrected.

Article 44(1), Selection of Imprisonment

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s three times of punishment due to the Defendant’s around 2002, around 201, around around 201, and around 2013 of the Road Traffic Act (the alcohol concentration in each blood transfusion refers to 0.096%, 0.079%, and 0.056%); on the other hand, the Defendant is against the instant crime; the Defendant’s blood alcohol concentration (0.072%) was relatively relatively high; the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime; and the circumstances after the instant crime was committed, etc., the sentence identical to the order shall be determined by comprehensively taking account of the following factors: