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 history] On January 18, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court. On July 22, 2011, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of probation for the same crime in the same court.

[2] On October 5, 2016, around 22:30, the Defendant driven CW car in the state of alcohol concentration of approximately 0.096% in a section of about 3km from the front of the Yeonsu-gu Incheon Yeonsu-gu, Incheon to the 84-ro, Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Incheon, to the front road of the galctal village (Dong Chuncheon-dong), while under the influence of alcohol concentration of about 0.096% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 (not re-offending for a certain period, and taking into account the drinking volume, etc. of this case) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;