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 28, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by the Incheon District Court, on February 20, 2014, a summary order of KRW 4 million for the same crime from the subsidiary branch of the Incheon District Court to the same crime, and on July 9, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime on July 9, 2014.

Although the Defendant had had a history of driving alcohol twice or more as above, on March 27, 2017, at around 0.153:30, the Defendant driven a BA-to-pur-car under the influence of alcohol concentration of 0.153% during blood, and proceeded with a distance of about 5 km from the front of a mutual influent restaurant located in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, Seo-gu, Incheon, to the roads adjacent to the fluent balance of salary located in Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions concerned and the summary order related thereto) and application of each Act and subordinate statute attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Persons obliged to provide community service and attend lectures is that the Defendant drives a motor vehicle under the influence of alcohol, even though he/she has violated the Road Traffic Act, including three same criminal records due to drinking.