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 August 4, 2006, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on December 30, 2015 to the same crime.

On July 7, 2016, the Defendant, even though having had a history of drinking twice or more, driven a B-hand car with a blood alcohol concentration of 0.091% at around 22:37 on July 7, 2016, and proceeded with a section of approximately 600 meters to the front road of a drinking 1 Dong-dong, Incheon Nam-gu, Incheon, Nam-gu, Incheon, by driving a B-hand car with a blood alcohol concentration of 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Inquiry reports, investigation reports (verification of the same criminal records as the suspect), and copies of summary orders attached thereto;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) the Defendant, in spite of the number of offenses committed in violation of the Road Traffic Act, including the same kind of criminal records twice; (b) despite the fact that there are several times of offenses violating the Road Traffic Act; (c) however, the nature of the offense is poor; (d) the driving distance does not reach a relatively long range; (d) the Defendant did not change his mistake; and (e) the Defendant’s age, character and conduct, environment, family relationship, etc. are considered in all other circumstances that are the conditions for sentencing.