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

[criminal history] On September 2, 2010, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on September 2, 2010, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on January 19, 2013.

[2] On February 22, 2018, the Defendant driven B K7 car under the influence of alcohol content of 0.126% in a section of about 500 meters from around the water water distance near the Bupyeong-gu Incheon Bupyeong-gu to the 17nd direction towards the falling-way of Incheon Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and the nature of the crime is not less than that of driving a vehicle, and the amount of alcohol concentration in blood at the time of detection is not lower than 0.126%, and driving of drinking is a high risk of causing harm to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the previous previous previous criminal conviction was sentenced to a fine before around 2013, and there was no record of criminal punishment for the same crime for the last five years, and it did not cause any traffic accident involving personal and material damage other than drinking driving, and the driving of drinking again will not be driven.

It is hard to say that it is favorable to the defendant.

The above circumstances and the defendant's age, sex, environment, family relationship, and motive for the crime.