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 January 19, 2013, the Defendant issued a summary order of KRW 4 million by a fine of KRW 5 million by a violation of the Road Traffic Act at the Incheon District Court, and on March 5, 2013, the Incheon District Court issued a summary order of KRW 4 million by a fine of KRW 5 million by a crime of violation of the Road Traffic Act.

On July 28, 2016, the Defendant, while under the influence of alcohol 0.146% on July 28, 2016, operated the BK5 hybrid car under the influence of alcohol 0.146% on two or more occasions, proceeded with approximately three km from the front of the new elementary school located in the Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Requests for appraisal;

1. A previous conviction: An inquiry letter, an investigation report (verification of criminal records), and a copy of the summary order attached thereto;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "disforth sentence reasons") is that although there are a number of criminal records violating the Road Traffic Act, including those of the same kind of crime, the defendant is not less than the nature of the crime in this case where he drives a vehicle under the influence of alcohol, even though there are multiple criminal records of violating the Road Traffic Act including the same kind of criminal records, the crime in this case is not less than the degree of violation, but the crime in this case does not reach the degree of violation of other traffic-related Acts and subordinate statutes, later, his mistake is divided, and the sale of the vehicle in possession is not re-offending, such as selling the vehicle, etc.