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 December 5, 201, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, a summary order of KRW 3.5 million for the same crime in the same court on April 29, 2014, and a summary order of KRW 6 million for the same crime in the same court on September 23, 2013, respectively.

[2] On September 21, 2018, at around 05:45, the Defendant driven B QM6 automobiles under the influence of alcohol concentration of about 0.173% at a section of approximately 1km from the road front of the CU convenience store located in approximately 469 of the same Gu as the main soil of the same Gu on the roads near the operation market in Gyeyang-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. A report on the detection of a primary driver;

1. Previous convictions: References to inquiries, investigation reports, application of Acts and subordinate statutes of the summary order;

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 fact that the defendant, who had been punished twice or more due to drinking driving, once again drives a vehicle, has not been less than the nature of the crime due to driving under drinking, the amount of alcohol concentration in the blood at the time of detection exceeds 0.173%, and the fact that the degree of alcohol concentration in the blood at the time of detection exceeds 0.173%, and that the crime of this case

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, support the wife and three minor children, and not driving drinking again.

It is hard to say that it is favorable to the defendant.

The above circumstances as well as the age, sex, and conduct of the defendant.