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 June 8, 2012, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on March 13, 2014, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act.

[2] On July 19, 2017, the Defendant driven B Poter II cargo while under the influence of alcohol with approximately 0.056% of alcohol content from approximately 200 meters to the day before active duty service, from around 720, Nam-dong, Nam-gu, Incheon, Nam-dong, Seo-gu, Incheon, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (not less than twice a report on a drunk driving before drinking);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant, on seven occasions with no license, has been subject to punishment on three occasions due to driving without a license; (b) the fact that drinking is against the situation; (c) the drinking value is not relatively high; and (d) the fact that there is no record of exceeding the fine, etc., shall be considered favorable circumstances; and (d) the punishment as ordered shall be determined by taking into account other favorable circumstances, such as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime; and (e) the circumstances after the crime.