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 October 11, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Incheon District Court, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act. On March 15, 2013, the Seoul High Court sentenced the Defendant to a suspended sentence of six months for a crime of violating the Road Traffic Act.

[2] On December 22, 2017, the Defendant driven a B-hand car under the influence of alcohol content of about 3km from the section of approximately 0.071% in blood to the 3km of 0.071% in the middle of 17 km-ro, Mara, Dong-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, to the 17-ro, Mara-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, such as the following: (a) the defendant, who had been punished twice or more due to drinking driving, once or more times again drives a vehicle, has a history of criminal punishment four times including a sentence for the same kind of crime; (b) the defendant has a history of criminal punishment for a violation of traffic-related Acts and subordinate statutes; and (c) the defendant has a history of criminal punishment for a violation of traffic-related Acts and subordinate statutes; and (d) the occurrence of physical damage by hiding the vehicle in transit while driving the vehicle

On the other hand, the defendant's perception of the crime of this case and reflects the mistake, the alcohol concentration in blood at the time of detection is not relatively high to 0.071%, and the defendant does not drive drinking again.

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

The above circumstances and the defendant's age, sex, environment, family relationship, and crime.