A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On April 8, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking) from the Incheon District Court Branch on April 8, 2009, and a summary order of KRW 1 million in the same court on October 16, 2009 and a fine of KRW 1 million.

[2] On October 25, 2017, around 04:47, the Defendant driven a B-Aro car under the influence of alcohol concentration of approximately 0.253% from the 20km section of blood to the front road of 121 Young-gu, Kimpo-si, Seoul, for the food of “humn” located in the Seodaemun-gu, Seoul, Seopo-si, Seoul. The Defendant driven a B-Aro car under the influence of alcohol concentration of about 0.253% from the 20km section to the Gopo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to be accompanied by a statement of alcohol alcohol during blood);

1. Investigation report on the actual condition, report on the occurrence of a traffic accident, report on the circumstances of the driver of the driver's license, report on the circumstances of the driver's license, report on the results of crackdown on drinking, and report on the detection of the driver

1. A written appraisal of alcohol during blood;

1. The scene of the accident, photograph of the accident vehicle, etc.;

1. Previous convictions in judgment: Inquiry into criminal history, investigation report (report on attachment of judgment on driving the same kind of drinking alcohol), application of summary order statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service: The following are comprehensively taken into account: (a) there is a need to strictly punish him/her in light of the danger of drinking alcohol driving; (b) alcohol level in blood is very high as 0.253%; (c) traffic accidents occur while driving the instant drinking; (d) the history of punishment for the same kind of crime is two times; (b) it is favorable for him/her to recognize and reflect any mistake; (c) there is no record of punishment heavier than the suspension of execution; and (d) there is no record of punishment heavier than the suspension of execution; and (e) the various conditions of punishment as