A defendant shall be punished by imprisonment for not more than ten 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 January 3, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court, and imprisonment with prison labor for August 27, 2012 and for two years of suspended execution in the same court.

[2] On August 17, 2018, around 18:55, the Defendant driven BM5 vehicles under the influence of alcohol concentration of approximately 0.171% from the section of approximately 2 kilometers from around 37-4 GS convenience store to the roads in front of the Incheon Bupyeong-gu Incheon Metropolitan City Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of drinking records), and application of the statutes governing the judgment;

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 crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant since the defendant, who had been already punished twice or more due to drinking driving, has no record of criminal punishment three times prior to the occurrence of the same crime, the blood alcohol concentration in the blood is considerably high by 0.171% at the time of detection, and driving of alcohol is highly dangerous to injure the life, body, etc. of another person, and thus, it is necessary to strictly punish the defendant to eradicate it.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, it does not cause a traffic accident involving human and material damage while driving alcohol, and the defendant again does not drive alcohol.

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

The above circumstances as well as the age of the defendant.