A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 6, 2013, the Defendant was issued a summary order of KRW 5 million due to a violation of road traffic law (driving), etc. on the grounds of red support by the Daejeon District Court of Daejeon, and on February 28, 2014, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (driving), and on June 4, 2015, the Defendant was sentenced to a suspended sentence of 6 months for imprisonment with labor for a violation of road traffic law (driving), and was sentenced to a suspended sentence of 2 years for two or more times.

[Criminal facts] From September 30, 2018, the Defendant driven F c or a car under the influence of alcohol with approximately 2k alcohol concentration of about 0.137% from the section of approximately 2km to the road in front of the E store in Ycheon-si, Incheon-si around September 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. On-site photographs;

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

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

1. Criminal records: References to inquiries, such as criminal history, investigation reports (Attachment to the judgment, etc. on the same kind of drinking alcohol), text of the judgment, and application of the summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: Two times the record of fine due to a violation of the Road Traffic Act (drinking driving), and one time the record of suspended sentence of imprisonment due to the same crime is the same.

In blood, alcohol concentration is high.

The occurrence of an accident caused by property damage has occurred.

The purpose of this study is to achieve edification and recidivism, which are to sentence a suspended sentence of imprisonment to the accused.