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 November 23, 2016, the Defendant driven a car under the influence of alcohol content of 0.250% in blood, and proceeded with a distance of about 500 meters from the front of the Dong cancer Station in Incheon Bupyeong-gu to the high-priced road of approximately 100 meters in the south-gu Incheon Metropolitan City, by driving the car under the influence of alcohol content of 0.250% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and Article 62-2(1) of the Act on the Observation, etc. of Protection, etc., are as follows: (a) the Defendant committed the instant crime in which a large number of crimes, including the four identical criminal records, have been committed while driving in the same manner; (b) the Defendant appears to have been driven directly due to the lack of the proxy driver himself/herself; (c) the driving distance seems to have been relatively short; (d) the Defendant did not go against other traffic-related Acts and subordinate statutes; (d) the Defendant did not go to violate other traffic-related Acts and subordinate statutes; (e) later, his/her mistake was divided; and (e) the Defendant’s age, sex, environment, and family