A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 20, 2009, the Defendant received a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act from the Incheon District Court Branch on August 20, 2009, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on April 8, 2010, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Incheon Southern District Court on June 25, 2010, respectively.

Criminal facts

Although the Defendant had been punished for drinking driving more than twice as above, around June 3, 2019, the Defendant driven a eMW 528i car in a state of alcohol alcohol concentration of about 0.223% from around 100 meters from the Seo-gu Incheon Metropolitan City B apartment Cdong parking lot to the front road of the same Gu D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on confirmation of the same type of suspect records)-related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, even though he/she was punished by a fine several times, is likely to influence the instant crime again.

The measured drinking water level has reached a considerable degree.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The last punishment for drinking driving is relatively old in 2010.

No defendant shall be sentenced to imprisonment without prison labor or heavier punishment.

The driver did not cause an accident while driving.

In the above circumstances, the defendant's character, family relationship, family environment, and crime are committed.