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

On November 23, 2006, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of road traffic law at the Seoul Western District Court on November 23, 2006, and on January 18, 2007, the Defendant was issued a summary order of 7 million won by a fine for a violation of road traffic law at the Seoul Western District Court on January 18, 2007, and on April 10, 2013, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of road traffic law at the Seoul Southern District Court on April 10, 2013.

On July 21, 2018, around 21:3, the Defendant driven B vehicles under the influence of alcohol concentration of 0.114% in the direction of approximately 50 meters in front of the road northwest-ro, Jung-gu, Incheon, Jung-gu, Incheon.

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (the confirmation report of the same kind of force), each summary order, and application of the statutes of the judgment;

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

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 community service order is that the defendant, even though he/she had been subject to punishment for driving under drinking several times as stated in its reasoning, he/she again gets a sense of driving under the influence of alcohol level exceeding 0.1% during blood.

However, the driving distance seems to have been relatively short, and the three-year period has already elapsed since the expiration of the suspension period due to the same kind of crime, and between them, there are no particular criminal records, and other sentencing conditions such as the age, sex, environment, etc. of the defendant shall be determined in accordance with the order.