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 May 21, 2012, the Defendant issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Incheon District Court on May 21, 201, and a summary order of KRW 1.5 million as a fine in the same court on July 1, 2010.

Although the Defendant had had a record of driving alcohol twice or more as above, on June 30, 2017, the Defendant driven the B K5 car while under the influence of alcohol concentration of 0.199% in blood around 00:50 on June 30, 2017, and proceeded with approximately 80 meters in the vicinity of the shooting distance in the main base located in the Nam-gu, Incheon Metropolitan City, from the road near the main base of the city located in the south-gu, to the front of the Home apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Response to a request for appraisal;

1. Previous conviction: References to inquiries, reports on investigation (the same criminal record as the suspect), and copies of the summary order attached thereto;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and Article 62-2(1) of the Act on the Observation, etc. of Protection, etc., are as follows: (a) even though there are a large number of criminal records of violating traffic-related Acts and subordinate statutes, including the four same criminal records, the Defendant is not guilty; (b) the driving distance was relatively short; (c) the Defendant did not reach a violation of other traffic-related Acts and subordinate statutes; (d) there was a need for continuous medical treatment on the ground that he suffers from urology, complication, and depression; and (e) the Defendant suffers from suffering from urology, and all other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex behavior, environment,