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 July 21, 2015, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 7 million due to a violation of the Road Traffic Act (drinking) at the Incheon District Court on September 30, 2014, and a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking) at the Incheon District Court on March 14, 2014.

On December 20, 2016, around 23:55, the Defendant driven a cub car in B while under the influence of alcohol with approximately 100 meters alcohol concentration of 0.132% from a section of approximately 100 meters to the front of the 7rd city in Busan Bupyeong-gu, Incheon Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind 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 Order to Attend: The circumstances in which the defendant recognized each of the crimes of this case and committed three times more favorable to the fact that the defendant has been punished for the same crime: The defendant has no record of being punished more than the fine, and the defendant's age, sex, criminal conduct, environment, means and result of the crime, and the various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.