A defendant shall be punished by imprisonment with prison labor 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 July 7, 2008, the Defendant was sentenced to a summary order of 5 million won by the same court as a fine for the same crime, in four months of imprisonment with prison labor for a violation of the Road Traffic Act (driving driving) at the Incheon District Court.

[2] On April 29, 2018, around 23:30 on April 29, 2018, the Defendant driven CK3 car under the influence of alcohol with approximately 30 meters alcohol concentration of about 0.104% from the 30-meter section from the 25-ro, Incheon Gyeyang-gu, Incheon Gyeyang-gu, the 25 vertllll Sea Sea State to the same 18-day, the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. References to inquiries, such as criminal history, notification of the results of the processing of each case, reporting of the previous conviction of the disposition, and the application of 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the defendant was sentenced to a suspended sentence of one year on July 7, 2008 due to a violation of the Road Traffic Act (driving) on or after July 7, 2008, and was sentenced to a suspended sentence of five times due to a violation of the Road Traffic Act (driving) since around around 2002. The defendant caused the accident of hiding a vehicle parked at the time of the instant drinking. Meanwhile, the defendant is against the instant crime. Meanwhile, the defendant's blood alcohol concentration (0.104%) and other defendant's age, sex, environment, motive, means and method of the instant crime, circumstances after the instant crime was committed, etc., and the sentence like the order shall be determined by taking into account the following factors as a whole.