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 record] On March 7, 2007, the defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on June 22, 2009, a fine of 2.5 million won for the same crime in the same court on June 22, 2009, and a summary order of 3.5 million won for the same crime in the same court on October 8, 2009.

[2] Although Defendant 1 had been punished twice or more due to driving of drinking, Defendant 2 driven a Kanop vehicle while under the influence of alcohol content of about 0.218% through around 100 meters from Jun. 21, 2018 to Jun. 23:25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was sentenced to a four-time fine from around 2001 to a violation of road traffic law, etc. The defendant's blood content at the time of the instant case is high. Meanwhile, the defendant's crime of this case is against the defendant, the driving distance, driving distance, the defendant's age, sexual behavior, environment, motive, process, means and method of the instant crime, and circumstances after the instant crime was committed, etc., and the sentence like the order shall be determined by comprehensively taking account of the following conditions for sentencing as stated in the instant records and trial process.