A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 9, 2010, the Defendant received a summary order of 2.5 million won from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of 5 million won to a fine in the same court on November 13, 2014, respectively.

Although the Defendant had been punished for the crime of violating the Road Traffic Act more than twice as above, the Defendant driven BM7 car at approximately 50 meters from the Do in the vicinity of the Soking Station at the time of the Gyeonggi City in the influence of alcohol content of 0.151% at around July 29, 2016, while under the influence of alcohol at around 23:19, the Defendant driven BM7 car at the 50-meter section from the Do in the vicinity of the Sinsking Station at the time of the Gyeonggi City in the same Seocho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of being punished twice due to drunk driving, the circumstances favorable to the point of higher blood alcohol concentration: The fact that there is no previous record of criminal punishment exceeding a fine, and that there is no previous record of criminal punishment exceeding a fine;