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

[criminal history] On November 29, 2013, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 1,00,000 as a crime of violation of road traffic law, and on September 17, 2015, a fine of KRW 5 million from the Incheon District Court to a crime of violation of road traffic law.

[2] On January 1, 2018, around 00:15, the Defendant driven B-chip vehicle in the state of alcohol concentration of approximately 0.162% during blood in the 7km section from the roads near Guro-gu Seoul Metropolitan Government to the 263-1st century.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Examination of the occurrence of the case, the arrest report, the situation report on the driving of drinking, the notification of the results of crackdown on the driving of drinking, the circumstantial statement of the driver of drinking, the report on detection of the driver of drinking, and the results of crackdown

1. A written appraisal of alcohol during blood;

1. Making teas;

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

1. Article 148-2 of the Criminal Act applicable to the crime, Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for 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 punishment as ordered is determined by comprehensively taking account of the following factors: (a) the degree of alcohol level in the blood of this case is considerably high as 0.162%; (b) the history of the punishment of the fine for the same kind of crime is more favorable: Recognizing and reflecting the mistake; (c) the occurrence of traffic accident by driving of the instant drinking; (d) there is no history of criminal punishment heavier than the suspension of execution; and (e) there is no history of criminal punishment heavier than the suspension of execution; and (e) other various factors indicated in the records and arguments, such as the motive and background of the crime, means of the crime;