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 2, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Gwangju District Court, etc. On June 23, 2010, the Defendant was issued a summary order of 3 million won for a crime of violating the Road Traffic Act at the Incheon District Court on June 23, 201, and a summary order of 5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on July 15, 2014.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on September 27, 2017, the Defendant driven a BM5 car while under the influence of alcohol concentration of 0.083% from blood at around 02:00 on September 27, 2017, and proceeded with approximately 5 meters on the front of Incheon Seo-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. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (verification of the same kind of force), judgments attached thereto, and copies of each summary order shall be applied;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the lecture, even though there are many criminal records of violating the Road Traffic Act, including five times of the same kind of crime, the Defendant is extremely poor in the course of committing the instant crime in which he drives a motor vehicle under the influence of alcohol, but the nature of the relevant crime is extremely poor. However, the fact that it does not proceed to violate other traffic-related Acts and subordinate statutes, the amount of alcohol concentration in blood was relatively high, and the driving distance was short, and the driving distance was too short, and the following forms of circumstances are all other conditions for sentencing, such as the Defendant’s age, sex behavior, environment, and family relationship.