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

【The Defendant issued, on October 28, 2008, a summary order of KRW 1 million to a fine of KRW 2.5 million to a violation of road traffic law in the Incheon District Court’s Busan District Court’s Branch on October 28, 2008, a summary order of KRW 2.5 million to a fine for the same crime in the same court on December 26, 2008, and a summary order of KRW 4 million to a fine in the same court on June 24, 201, respectively.

【Criminal facts” around August 30, 2018, around 22:35, the Defendant driven an E G80 vehicle while under the influence of alcohol content of approximately 0.179% from the 100-meter section from the front side of the examination team in Seo-gu Incheon, Seo-gu, Incheon to the front side of the National Bank of Korea.

As a result, although the Defendant had been punished more than twice due to the violation of the Road Traffic Act, he was driving a vehicle in a state of retoxicated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of the driver involved and response to a request for appraisal;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, and investigation report (Attachment to a summary order related to the same criminal history);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, inasmuch as the defendant, who had been already punished twice or more due to drinking driving, once again drives a car, has not been less than the nature of the crime, and the degree of alcohol concentration in the blood at the time of detection reaches 0.179%, and the driving of drinking is highly dangerous to harm another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.