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 Force of Crimes】 On September 10, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the main branch of the Chuncheon District Court on September 10, 2010; on September 17, 2013, the Incheon District Court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at least twice. The Defendant violated Article 44(1) of the Road Traffic Act.

【Criminal facts” around May 15, 2017, around 23:20, the Defendant driven a car at C mother in the state of alcohol level of about 0.10% alcohol level from around the comprehensive fish market, which is located in the 272-ro, Seo-gu, Incheon, Seo-gu, Incheon, to the front road of the Seo-gu Public Health Center located in 39, Seo-gu, 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a report on investigation (Attachment of the previous convictions and written judgments), and text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after crime, on the grounds of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, shall be determined as ordered.

D. Unfavorable circumstances: The Defendant needs to strictly punish the instant crime even though he/she was punished four times due to drinking driving.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The alcohol concentration in blood shall not exceed 0.1%.