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 October 19, 2017, at around 05:14, the Defendant driven a B-hurbh motor vehicle under the influence of alcohol level of about 160 meters from approximately 160 meters to the front road of the 255 Doo-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 255 Doocheon cafeteria, to the front road of the Doo-gu Doo-gu cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant’s driving of a vehicle while drunk with alcohol content of 0.164%; (b) the Defendant, on October 1, 2017, when driving a vehicle under the influence of alcohol of 0.14% on the blood alcohol level, and even before the lapse of 20 days, even though he controlled the vehicle while driving a vehicle under the influence of alcohol of 0.14% on October 1, 2017; and (c) the Defendant, while driving a vehicle under the influence of alcohol, caused a traffic accident involving another person’s vehicle under the influence of alcohol while driving the vehicle.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine due to previous criminal records, and again, he does not drive drinking again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.