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 April 5, 2011, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on the same day, and on March 26, 2018, the Defendant was issued a summary order of a fine of three million won for the same crime at the same court on March 26, 201, and has violated Article 44(1) of the Road Traffic Act on at least two occasions.

[Criminal facts] On May 18, 2018, the Defendant driven Cloper car from around about 5 km from the roads near the Incheon-gun drawings to the roads in front of the same military unit, while under the influence of alcohol level of 0.178% among blood transfusion around 05:55.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition investigation;

1. Statement report on the circumstances of the driver who is placed in the main place, investigation report, and notification of the results of regulating the driving of drinking;

1. References to inquiries, such as criminal history, reports on investigation (such attached records), and application of Acts and subordinate statutes of Part III of the summary order;

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 reasons for sentencing under Article 62-2 of the Criminal Act include two times a fine for the Defendant’s violation of the Traffic Act on April 201, 201, around February 2018, and one time a fine for the violation of the Traffic Act on the road around March 2002. The Defendant left the road while driving under the influence of alcohol and put the vehicle into the high-speed winding field adjacent to the road, making it impossible for him/her to drive his/her vehicle normally at the time of driving. The alcohol concentration was higher in the Defendant’s blood at the time of the instant case. Meanwhile, the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the commission of the crime, etc. are comprehensively considered.