A defendant shall be punished by imprisonment for not more than ten 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 March 12, 2010, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court due to a violation of the Road Traffic Act (driving) at the Incheon District Court; on January 28, 201, the same court issued a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Causing Death) and a violation of the Road Traffic Act (Drinking).

[Criminal facts] On September 4, 2017, at around 23:10, the Defendant driven B QM3 vehicles under the influence of alcohol concentration of 0.190% during blood alcohol level at approximately 0.190%, from the 4m section of the Arts Center located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, about 1335-4.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of a summary order of the same kind of force;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after crime, on the grounds of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment for drinking driving since 2011.

The alcohol concentration in blood shall not exceed 0.2%.

Unfavorable circumstances: The defendant has previously been punished by imprisonment without prison labor or heavier punishment.

Although the Defendant was punished for the same crime, it is highly likely that the Defendant will repeat the crime of this case again.