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 February 23, 2011, the Defendant was issued a fine of KRW 2.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving), and on February 21, 2014, the Defendant was issued a fine of KRW 5 million by the same court due to a crime of violating the Road Traffic Act (dacting driving).

[2] Although Defendant 1 violated the prohibition of driving under the influence of alcohol twice as seen above, Defendant 2 driven D-do motor vehicle under the influence of alcohol with approximately 0.178% alcohol concentration around approximately 200 meters from the distance of 200 meters from the street near the shopping center to the front road of the 63 Magdog cafeteria, at around June 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Application of Acts and subordinate statutes to inquiries, such as 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service was that the defendant was sentenced to four times a fine from May 2001 to a violation of road traffic law (driving), etc. The defendant's blood content (0.178%) at the time of the instant case is relatively high, while the defendant is against the Defendant's crime of this case, the defendant's person's punishment, and the person's person's punishment and the person's person's request the defendant's wife while preventing recidivism, the defendant's age, sex behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, circumstances after the crime, etc., and the sentence like the order shall be determined by comprehensively taking account of the following factors: