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

On April 11, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. by the Incheon District Court on April 11, 2008, and a fine of KRW 2 million due to a crime of violation of the Road Traffic Act (dacting driving) at the Incheon District Court Branch Branch of the Incheon District Court on October 1, 2008.

On November 21, 2017, the Defendant was under the influence of alcohol concentration of 0.127% from blood transfusion around 00:24 on November 21, 2017, and driven a DNA gallon car in the direction of 227 at the dlim ray located in Seocheon-si, Seocheon-si.

As a result, the Defendant, who has violated drinking two times or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, report on the situation of driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Inquiry into criminal history, reporting of investigation (Attachment to the same case's judgment), and application of a copy of judgment statutes;

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. An order to attend a lecture or order to attend a community service order under Article 62-2 of the Criminal Act that is disadvantageous to the reason for sentencing: A serious punishment is required in light of the risk of driving alcohol; the alcohol level in the blood of this case is 0.127%; the records of punishment for the same crime are two times; the crime of this case was committed during the period of the suspended sentence of this type (the current suspended sentence is Do and Do). The circumstances favorable to the crime of this case during the suspended sentence of this type (the current suspended sentence is recognized and Do and Do): The driving of the drinking of this case did not cause a traffic accident while driving the drinking of this case; and the conditions of various sentencing specified in the records and changes following the crime are determined as the same as the order.