A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On December 21, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Incheon District Court Branch on December 21, 2016, and on November 24, 2015, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

[2] On January 14, 2018, the Defendant driven a B car with alcohol content of 0.060% under the influence of alcohol level 0.060% on the road near the apartment complex located in Seocheon-si, Taecheon-si, 2018 to the front road of the church from the apartment site of approximately 300 meters near the apartment site of the same city, to the ancient car located in the same city, and driving a B car with alcohol level 0.060% in the blood.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (to hear statements by a reporter) (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

Unfavorable circumstances: there is a record of being punished twice as a crime of violating the Road Traffic Act (drinking).

The favorable circumstances: The mistake is divided.

The alcohol concentration in blood is not high.