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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 24, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 24, 2008. A person who had the record of being issued a summary order of KRW 1.5 million for the same crime from the support of Suwon Frigwon, on December 30, 2013, as well as the summary order of KRW 1.5 million.

[Criminal Facts] On June 16, 2016, around 23:35, the Defendant driven the Defendant’s B-low-scale car with alcohol content 0.183% under the influence of alcohol level 0.183% from around about 500 meters from the front day of the same rock station to the front day of the same 460-day-ro, Bupyeong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. All circumstances, including the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act, in which the Defendant was not sentenced to imprisonment or heavier punishment due to the instant crime; (b) the Defendant sold the said vehicle recently; and (c) the Defendant was scheduled to dispatch the said vehicle as an overseas resident of Vietnam, and thus, does not pose a significant risk of repeating