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 May 29, 2009, the Defendant was sentenced to imprisonment with prison labor for 8 months with prison labor for a violation of the Road Traffic Act at the Incheon District Court on May 29, 2009, and 8 months with prison labor for the same crime in the same court on June 28, 2012, respectively.

On December 27, 2016, at around 21:50, the Defendant driven a DMW car under the influence of alcohol level of about 0.072% in the blood alcohol level from around 1km to the front road of the Jin-si in Gyeonggi Kimpo-si, Gyeonggi-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of an Order to Attend: The driving of drinking alcohol was punished six times, and the two times of which are favorable to the punishment of imprisonment: A large number of criminal records; however, the instant crime was committed four years after the last criminal records; the drinking volume was relatively lower than the Defendant’s age, sex, environment, means and consequence of the instant crime; and other factors of sentencing specified in the pleadings, such as the circumstances after the crime, etc., shall be determined as the order.