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

[criminal history] On October 5, 201, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court) and a fine of KRW 5 million for a crime of violating road traffic law (dacting driving) in the same court on December 30, 201.

[2] On January 15, 2018, around 00:25, the Defendant driven C Poter cargo under the influence of alcohol concentration of about 0.221% from the 87m section of approximately 6.84m alcohol concentration to the front road of the building in the Nam-gu, Nam-gu, Incheon Red Cross Hospital, located in 263 as the cause of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation and investigation reports (No. 17 once a year);

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Application of double Acts and subordinate statutes, such as a written inquiry about criminal history, a written investigation report (No. 24) and a summary order;

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 to Attend the lecture and the Order of Community Service has a record of being sentenced to a fine twice due to the Defendant’s violation of the Road Traffic Act (toxication) around October 201 and around December 201 (the Defendant’s blood alcohol concentration at the time is 0.118%, 0.21%). The Defendant’s blood alcohol content at the time of the instant case is very high (0.21%). Meanwhile, the Defendant’s blood alcohol content at the time of the instant case is against the Defendant’s crime. Meanwhile, the Defendant’s refusal of driving at the police station and led the Defendant to the Defendant’s preemptive action against the Defendant while the Defendant’s family members want to prevent the Defendant’s second offense, and the Defendant’s family members seek to take advantage of the Defendant’s age, sex, environment, motive, means and method of the instant crime, the motive and method of the instant crime, etc. after the instant crime, shall be determined by comprehensively taking account of the following circumstances.