A defendant shall be punished by imprisonment for not less than eight 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 February 12, 2009, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act by the Incheon District Court, and on February 17, 2016, the Seoul Southern District Court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act.

On November 15, 2017, at around 03:39, the Defendant driven B SP car under the influence of alcohol concentration of about 0.235% at the section of approximately 1km from the Han forest hospital near Incheon Gyeyang-gu to the roads in front of the SP car in Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. A written appraisal of alcohol during blood;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (reports attached to summary orders issued by the same type of force);

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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the fact that a person drives drinking once again even though he/she had a history of driving alcohol, the degree of alcohol level during blood transfusion, the background of driving alcohol, the age, sex, environment, etc. shall be considered.