A defendant shall be punished by imprisonment for 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

On January 28, 2009, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) in the Incheon Bupyeong Support, and on December 24, 2010, the Incheon District Court issued a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving).

On April 17, 2018, at around 22:26, the Defendant driven a DNA window-car with a alcohol content of about 0.095% at a distance of about 2km from the front of the “Cheong Sea Fishery” in the Nam-gu Incheon Nam-dong, Incheon Metropolitan City, to the front road of the “Gu Young-gu, Young-gu, Incheon” 1478, Nam-gu, Seoul.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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 ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, inasmuch as the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and the quality of the crime is not somewhat weak, and the driving of drinking is a high risk of causing harm to another person's life, body, etc., and thus, requires strict punishment.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and the amount of alcohol content in blood at the time of detection is not relatively more than 0.095%, and human and material damage is being done while driving alcohol.