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

【The Defendant was sentenced to a suspended sentence of six months on July 25, 2014 for a violation of the Road Traffic Act in the Incheon District Court’s Vice-Support on July 25, 2014; the Defendant was sentenced to a suspended sentence of two years; on July 3, 2006, a summary order of KRW 1.5 million for the same crime at the Seoul Central District Court; on June 9, 2009, a summary order of KRW 4 million for the same crime from the Vice-Support of the Incheon District Court; and on April 19, 2012, a person who violated the provisions on prohibition of drinking, such as the issuance of a summary order of KRW 5 million for the same crime, on two or more occasions.

【Criminal fact-finding on July 25, 2017, the Defendant driven a driver’s vehicle in Hegel under the influence of alcohol content of approximately 0.079% from a section of approximately 500 meters from the Do in front of the North side market in the Kimpo-si, Kimpo-si to the front road in the Kimpo-si, Kimpo-si.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been subject to punishment for at least five times due to drinking driving; (b) the Defendant was detained for a considerable period of time and is against his/her mistake; (c) the Defendant was living together with the second degree of mental disorder to support; (d) the alcohol concentration in blood is relatively low; and (e) the driving distance is short; and (e) the various sentencing conditions indicated in the instant argument are considered as favorable circumstances.