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] The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on October 10, 201, and a fine of two million won for the same crime on September 4, 2012.

[2] On February 15, 2017, the Defendant driven a low alcohol vehicle with approximately 30 meters alcohol level 0.123% while under the influence of alcohol level from around 00:22 to around the roads of the company bank located in the same city and located in the same city-ri-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the previous and confirmation thereof), and application of the statutes of the judgment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The risk of drinking alcohol driving, the degree of alcohol alcohol level in blood is not lower than 0.123%, and the circumstances favorable to the fact that the record of punishment for the same kind of crime is two times: The fact that the crime is recognized and reflected, and other various sentencing conditions specified in the records and arguments, such as the motive and background of the crime, the circumstances after the crime, family relationship, etc., shall be comprehensively taken into account and determined as the order.