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

[criminal history] On May 16, 201, the Defendant received a summary order of KRW 2,50,000 from the Incheon District Court to a fine of KRW 2,50,000,00 as a crime of violating the Road Traffic Act, and on April 2, 2014, the same court issued a summary order of KRW 4,00,00 as a fine for the same crime.

[Criminal facts] On September 22, 2018, the Defendant driven a e-mailed vehicle under the influence of alcohol level of about 0.234% from the 1km section from the NSP parking lot located in 83-1, a city of Bupyeong-gu, Incheon, Incheon, to the front road of the Bupyeong Police Station located in 511, both of which are located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the result of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of drinking records), and application of the statutes governing the judgment;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the Defendant, such as the following: (a) the Defendant, who already had been punished twice or more due to drinking driving, once again drives a car, has not been less than the nature of the crime; (b) the amount of alcohol concentration in the blood at the time of detection exceeds 0.234%; and (c) the driving of drinking is a highly dangerous crime that may cause serious harm to another person’s life or body, etc.; and (d) thus, it is necessary to strictly punish

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine due to the same crime, and the preceding marina was broken to some extent.

It appears that the crime of this case was committed by mistake, that it did not cause a traffic accident involving personal and material damage while driving alcohol, and family members, etc. are against the defendant.