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] The defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on June 2, 2006, and was sentenced to a fine of two million won for the same crime at the same court on March 29, 2007, and was sentenced to a fine of two million won for the same crime at the Seoul Western District Court on February 5, 2008, and was sentenced to imprisonment for six months and a suspended sentence of one year for the same crime at the Seoul Western District Court on February 5, 2008, and was sentenced to six months for the same crime at the Seoul Western District Court on September 25, 2008

【Criminal Facts】

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 22:40 on October 7, 2016, the Defendant driven B 6 car under the influence of alcohol level of about 0.133% from the 1km section of approximately 1km to the road in front of 451-1 of the same fishery Dong-dong, Namdong-dong, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power judgment, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Article 62-2 of the Criminal Act provides that the defendant with the reason of sentencing and education to the probation and education shall be sentenced to four times the previous sentence, and the defendant shall be sentenced to probation, considering the fact that the defendant did not repeat the crime after around 2008, the execution of imprisonment shall be suspended on the condition that he should be put on probation, and the above circumstances and other various sentencing factors shall be comprehensively determined as ordered.