A defendant shall be punished by imprisonment with prison labor 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] The Defendant was sentenced by the Incheon District Court on December 9, 2010 to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving), a fine of KRW 4 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Incheon District Court on February 20, 2012, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Incheon District Court on December 3, 2013, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving of Drinking) at the Incheon District Court on December

[2] On April 20, 2018, at around 19:05, the Defendant driven C vehicle while under the influence of alcohol content of approximately 0.146% during blood at approximately 2.5 km from the Do in front of the Seo-gu Incheon Seo-gu Incheon Seo-gu Incheon Seo-gu Incheon Metropolitan Government Office to the front road of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site map and photograph;

1. Statement report, etc. on the situation of the driver at home;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation report (No. 13)

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service has a record of being sentenced to three times a fine on around 2010, around around 2012, and around 2013, due to a violation of the Road Traffic Act (drinking driving) by the Defendant; the Defendant also caused an accident that leads to the backside of a vehicle waiting for signal while driving alcohol; the Defendant’s blood alcohol content (0.146%) at the time of the instant case is relatively high; on the other hand, the Defendant reflects the instant crime; on the other hand, the Defendant’s age, sex behavior, environment, motive, means and method of the instant crime, the circumstances after the instant crime was committed, and the sentence like the order shall be determined by comprehensively taking into account the following factors: