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 August 12, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Incheon District Court’s Branch Branch on August 12, 2009. On January 16, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (drinking driving) at the Incheon District Court’s Incheon District Court.

[2] In addition, Defendant 1 driven B K5 cars under the influence of alcohol leveling from about 10 meters to about 213 east, from the front side of the guard room to around 213, in violation of the provision prohibiting driving of alcohol leveling twice, and in violation of this provision, Defendant 2 driven B K5 cars under the influence of alcohol leveling from about 10 meters to about 0.103% in the front side of the guard room.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the situation of the driver of drinking alcohol, a report on the situation of the driver's driving of drinking alcohol, and a report of the case;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reporting (the automatic force of the person under investigation);

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has been punished by a fine on several occasions due to drinking, but has been making a drinking again without being aware of it.

The term of this suspended sentence was in the past.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- The parking problem is whether the substitute driving has been on duty.