A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 1, 2015, the Defendant was punished by a fine of KRW 7 million at the Incheon District Court for the same offense, and the same year.

7. 15. Goyang Branch of the District Court: Imprisonment with prison labor for a violation of the Road Traffic Act (driving) for six months, the same kind of force has been three times more than the suspended sentence of two years.

Although the Defendant had been punished twice or more due to drinking driving, on February 8, 2019, at around 21:29, the Defendant driven a car with D AWnon in the state of under the influence of alcohol 0.109% in blood alcohol concentration from the front parking lot of the Cmaart located in Jung-gu Incheon Metropolitan City to the adjacent road.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In the case of sentencing under Article 62-2 of the Criminal Act, even though there has been the records of punishment twice due to drinking alcohol level, distance and time of drinking driving, driving in drinking condition again causes considerable danger to the safety of the public by driving in drinking condition. Since the last record, time interval between the crime of this case and the crime of this case, recognition of the crime of this case, disposal of automobiles, etc., and so on, the fact that there is a dependent, and all other factors indicated in the arguments of this case including the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.