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 December 31, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in Drinking) at the Incheon District Court, and a summary order of KRW 5 million for a fine of KRW 1.5 million on July 10, 2014 for the same crime.

[2] On August 20, 2017, at around 16:45, the Defendant driven a B-crin vehicle under the influence of alcohol content of about 20 meters from the entrance of the public parking lot in front of the second place of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the inside of the said parking lot.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the previous record verification report);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 defendant drives a drinking again although he/she had a history of punishment twice due to driving of drinking, and the alcohol concentration in blood is high;

(k) favorable circumstances: The fact that there is no past record of punishment exceeding fines, and the fact that it is against it;