A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On November 22, 2013, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Incheon District Court on November 22, 2013. On September 30, 2015, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch.

【Criminal Facts】 Defendant A is a person who resides in the above domicile and has been engaged in drinking three times from October 24, 2013 to this case.

On October 25, 2018, around 23:52, around the south-dong, Incheon Metropolitan City, the blood alcohol concentration of 0.109% was driven by approximately 1 km from an influent land located in the same Dong to the place of the detection, under the state of 0.109% alcohol concentration in front of the south-dong, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry the results of the drinking driving control;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, where the defendant, who already had been punished twice or more due to drinking driving, once or more, once again drives a car, has not been less than the nature of the crime, and the drinking driving is a high risk of causing serious harm to the life, body, etc. of another person, and thus, it is necessary to strictly punish the defendant for eradicating the crime.

On the other hand, the fact that the defendant recognized the crime of this case, there is no past record of criminal punishment exceeding the fine for the same crime before, that the defendant's blood alcohol concentration at the time of detection is not more than 0.109%, that does not cause traffic accidents that occur in the course of drunk driving, and that it is hard to say that he will not drive under the influence of alcohol again.