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 December 20, 2018, around 13:25, the Defendant driven a DNA-learning car in the state of alcohol of about 0.104% of blood alcohol concentration from the 25k section of Seo-gu Incheon, Seo-gu, Incheon to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to photographs measuring drinking;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In the case of running under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the person under obligation to attend school in consideration of the danger and the subsequent social harm.

Although the Defendant seems to go late and going against the influence of alcohol again, even though the Defendant was sentenced to a fine on one occasion in 2017, which was relatively recently recently recently, re-offending the Defendant even though he was sentenced to a fine, and since the previous crime punished and the blood alcohol concentration measured at the time of the instant crime was considerably high, the Defendant is entitled to imprisonment with prison labor and the enforcement of the sentence is suspended.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, occupation, circumstances after the crime, and the circumstances after the crime.