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 6, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on April 6, 2009, a fine of one million won for the same crime in the same court on May 26, 2010, and seven million won for the same crime in the same court on November 12, 2014.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven B Kaman car from approximately 50 meters in the south-gu Incheon Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver of a vehicle driving, the ledger using a drinking measuring instrument, notification of the results of regulating the driving of a vehicle, the ledger of driver's licenses, and the making of a tea;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. In light of the fact that an order to attend a lecture or a crime of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act requires strong punishment for a crime that may pose a serious threat to the life and body of others as well as himself/herself, the Defendant has been subject to punishment on four occasions due to drinking driving before driving, a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and two times due to driving without a license, etc., it is necessary to punish the corresponding strict punishment.

However, considering the fact that the defendant has no criminal record of imprisonment without prison labor or heavier punishment, the fact that the defendant committed each of the crimes of this case while committing the crimes of this case and breaking his mistake, etc. in favor of the defendant, other circumstances favorable to the defendant, such as alcohol concentration, driving distance, place of operation, age, sex, criminal conduct, environment, motive, means, consequence, etc.