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 February 17, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 17, 201, and on July 5, 2013, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the Seoul East East District Court on July 5, 201, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

On July 13, 2018, the Defendant, while under the influence of alcohol level of 0.111% among blood alcohol level around 01:23, driven a car from approximately 500 meters to the two-way roads of Incheon Jung-gu, 2807-1, which is located in front of the station of Jung-gu, Incheon, and located in 2807-1, and used B E Q900 cars from around 50 meters to the two-way roads.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of driving in the main place);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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 grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and whose nature of the crime is not less than that of drinking, and the amount of alcohol concentration in the blood at the time of detection exceeds 0.11%, and the driving of drinking is highly likely to cause danger and injury to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine due to the same crime, the distance of the driving of drinking is relatively short, and the driving of drinking again is not possible.

It is hard to say that it is favorable to the defendant.

The above circumstances and others.