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 June 1, 2007, the Defendant was issued a summary order of 500,000 won of a fine for a violation of the Road Traffic Act at the Incheon District Court, and on January 23, 2008, the Defendant was issued a summary order of 2.5 million won of a fine for the same crime at the same court. On June 9, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspension of execution for the same crime in the Incheon District Court’s Vice Branch Branch of the Incheon District Court, and was sentenced to imprisonment with prison labor for 1 year and 2 years of suspension of execution for the same crime.

[2] On December 13, 2017, the Defendant driven a B e-sports cargo vehicle under the influence of alcohol content of about 700 meters from the road front of the Seongdong Hospital to the 48 E-Sastro in the air carrier located in Pyeongtaek-si located in the Eup on December 13, 2017.

As a result, the Defendant was punished twice or more for a violation of the Road Traffic Act (drinking driving), but driven the vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of inquiry statements, investigation reports (Attachment to the same type of judgment, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of suspending the execution of imprisonment, having been sentenced to the punishment of a fine due to the same kind of crime, and that the numerical value of the drinking of this case is considerable: Confession, reflectivity, and the fact that the punishment is not later re-offending: The defendant's age, family relation, and details of the crime, etc.; the sentence shall be sentenced to imprisonment for 10 months, 2 years, and 2 years, and the order of observing the protection;