A defendant shall be punished by imprisonment for not more than ten 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

On January 3, 2007, the Defendant, at the Incheon District Court, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on February 20, 2014, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, such as receiving a summary order of KRW 4 million for the same crime from the same court on February 20, 2014. On June 18, 2018, the Defendant driven a B Poter under the influence of alcohol concentration of KRW 0.098% in blood alcohol level from the section of approximately 10km to the front road of the Incheon Integrated Terminal, around 23:54 June 18, 2018, the Defendant driven the B Poter under the influence of alcohol level of KRW 0.098% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the result of regulating drinking driving;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of a reply to inquiry, such as criminal history, investigation report (related to the previous convictions in the same case), list of personal matters relating to the investigation decision system, summary order, and copy of the judgment;

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 Act requires a strict punishment for the defendant, considering the following: (a) the defendant, who already had been punished twice or more due to drinking driving, has the record of criminal punishment twice due to drinking, driving without a license, etc. even before, and caused a traffic accident that entails physical damage while driving alcohol.

However, the defendant recognized the crime of this case and against the mistake, the amount of alcohol concentration in blood at the time of detection is not relatively more than 0.098%, and again, he/she does not drive alcohol again.

It is hard to do so, and the age, sex, environment, family relationship, motive and means of crime of the defendant.