A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 March 14, 2011, the Defendant was issued a summary order of a fine of four million won by the Incheon District Court for a violation of the Road Traffic Act (drinking driving), and on June 11, 2008, the Defendant was issued a summary order of a fine of seven million won for a violation of the Road Traffic Act (drinking driving), and was issued on June 11, 2008, and was able to drive drinking four times in total.

[2] On October 18, 2015, Defendant 1 driven a CBa car under the influence of alcohol at least 0.184% (the application of the aforementioned dmark formula) in the 30-meter section from around 18:11, 201 to around 4:30 meters from the roads in the Seocho-gu Seoul Metropolitan Government distribution dong to the new distribution road in Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D and E;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Investigation report (the application of the above dmark formula);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (a summary order attached to the same criminal suspect's records);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that there are many kinds of criminal records of driving under drinking or non-licensed driving, and in addition, there are many other criminal records of probation and fine due to other crimes, driving under the condition that alcohol level is high, taking into account the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc.