A defendant shall be punished by imprisonment for not less than eight 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.

Criminal facts

[criminal history] On August 11, 2008, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court, and on March 13, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of 5 million won from the same court due to the same crime, etc. on more than two occasions.

[2] On August 2, 2017, the Defendant, while under the influence of alcohol level of 0.152% during blood transfusion around 23:05, driven C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-W-C-C-W-S-S-W-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of 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. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

It seems that the defendant disposed of the vehicle operated by the defendant.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the alcohol concentration of the Defendant’s blood is 0.152%, and the level of the alcohol is not easy.

There is a history of fine three times due to drinking driving, including the criminal records written in the judgment of the defendant.

In 2011, the defendant has been sentenced to the punishment of two years of suspended execution in August, 201, and a fine of two million won due to driving without a driver's license in 2012.

. The above.