A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On May 25, 2010, the Defendant was notified of a summary order of KRW 4 million due to the violation of the Road Traffic Act (driving) in the Busan District Court’s Branch Branch, etc., and was sentenced to a suspended sentence of KRW 1 million on April 28, 2015 for the same crime in the resident stay support of the Daegu District Court, and was sentenced to a suspended sentence of KRW 4 million on more than two occasions on more than two occasions.

【Criminal Facts】

On May 20, 2019, at around 14:28, the Defendant driven C motor vehicle under the influence of alcohol concentration of 0.092% in the section of approximately 2 km from the vicinity of the Man-dong, Incheon Metropolitan City Man-dong Fire Station to the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has a history of having been punished several times due to drinking run, and around 2015, the Defendant had a record of having been punished as a suspended sentence of imprisonment with prison labor, but has a high possibility of undermining the instant crime again.

The measured drinking water level has reached a considerable degree.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

Since the defendant was finally punished in 2015, a relatively considerable time has passed.

The driver did not cause an accident while driving under the influence of alcohol.

In full view of the above circumstances, the sentencing conditions shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, are considered as ordered.