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

피고인은 2017. 11. 3. 02:24 경 혈 중 알콜 농도 0.154% 의 술에 취한 상태로 인천 연수구 옥련동 송도 유원지 부근에서부터 같은 구 옥련동 468-6( 독배로 6) 송도 생갈비 앞 도로에 이르기까지 약 500m 구간에서 B 인 피니 티 QX60 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes reporting the situation of driving under drinking;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant was sentenced to a fine due to drinking, driving without a license, etc., even if he/she had the record of being sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he/she again leads to driving under drinking again despite the fact that drinking exceeds 0.15%, and the drinking value is deemed to be contrary to the unfavorable circumstances, and the fact that the drinking value also exceeds 0.15%, and that it does not cause an accident during drinking, etc. shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account the defendant’s age, sexual behavior, environment, motive