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

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

Punishment of the crime

On March 31, 2010, the Defendant was notified of a summary order of KRW 2 million by the Incheon District Court due to a crime of violation of the Road Traffic Act (driving). On August 13, 2010, the Defendant was notified of a summary order of KRW 5 million by the Incheon District Court due to a crime of violation of the Road Traffic Act (driving). On July 21, 201, the Defendant was notified of a summary order of KRW 5 million by the Incheon District Court due to a crime of violation of the Road Traffic Act (driving).

Although the Defendant had a record of driving two or more occasions of drinking alcohol, at around 01:39 on June 8, 2013, the Defendant driven CMW car while under the influence of alcohol 0.176% in blood alcohol concentration from the front of the Statistics Korea Statistics Office in Nam-gu, Incheon to the road of the same 1460 roads.

Summary of Evidence

1. Legal statement of the witness D;

1. Report on detection of a violation of the Road Traffic Act, report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, consent to blood gathering, entrustment of appraisal of blood alcohol concentration, inquiry request for appraisal, and report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and copies of summary orders;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: To detect that there is no criminal record of a suspended sentence of eight months of imprisonment, two years of suspended sentence, community service, 80 hours of order to attend a lecture, 40 hours of a stay of execution (limited to a reasonable circumstances) or more, on a short-term basis;

3. As to the Defendant’s assertion, the Defendant is a police officer in a state where he takes a vehicle while drinking and walks the steering gear on the right side.