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.

Punishment of the crime

On November 30, 2017, while under the influence of alcohol 0.276% during blood transfusion, the Defendant driven a GM3 car at the 20km section of approximately 20km from the roads near the company’s influence cafeteria located in Singu, Incheon Gyeyang-gu to the point of 82.4km off the front-dong, Seoul, the front-dong located outside of Gyeyang-gu, Incheon, to the point of 82.4km away from the outer expressway, Kimpo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, driven an automobile-only circular road in Seoul, under the influence of alcohol content of 0.276% in blood.

Even if the Defendant had had had a history of criminal punishment twice for the same crime, the Defendant committed the instant crime. At the time of the detection of the instant crime, the alcohol concentration in the blood was significantly high by 0.276%, and the distance of the drunk driving is a considerable long distance to 20km.

The defendant's crime seems to cause considerable danger to road traffic at the time.

In addition, drinking driving is a high risk of causing harm to the life, body or property of others, so it is necessary to strictly punish it in order to eradicate it.

However, the Defendant recognized the instant crime and reflects the mistake in depth.

In addition, both previous convictions have been punished by a fine as being prior to 2010, and they are hard to say that they will not drive drinking again.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, the punishment is determined as ordered.