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 January 27, 2014, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on May 26, 2016, the Defendant was a person who had a record of driving two times or more by receiving a summary order of a fine of four million won or more for the same crime at the same court.

Nevertheless, on August 28, 2018, at around 10:47, the Defendant driven a e-car in the state of alcohol concentration of 0.170% in blood at the 100-meter section prior to the “D Authorized Broker” road in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as 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. Article 62-2 of the Criminal Act provides that the defendant has committed a serious lack of awareness and awareness of the crime of drinking alcohol driving, to the extent that the size of danger, the process and place of detection, and side effects of detention in response to the response, which are hard to prevent the defendant from repeating the crime, due to a sound treatment for sentencing of Article 62-2 of the Criminal Act: Provided, That it is difficult to determine that the defendant's awareness and awareness of the crime of drinking alcohol are considerably lacking, to the extent that the execution of imprisonment is determined as the sole means of edification.

The punishment of six months of imprisonment shall be determined within the scope of the sentence to be mitigated by giving an opportunity to return to sound members of society only once, and the execution thereof shall be deferred for a period of one year on condition that a person takes a course to prevent recidivism.