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 July 18, 2008, the Defendant was issued a fine of KRW 1.5 million as a crime of violation of road traffic law at the Seoul Southern District Court on July 18, 2008, and a fine of KRW 2 million as the same crime from the Busan District Court’s Branch Branch Branch on September 4, 2009.

[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven a B-eth alcohol vehicle while under the influence of alcohol with approximately 0.166% alcohol concentration from the 3km section from the 3km to the front day of the filling station in the same day on the day from October 17, 2018 at around 00:32 around the same day, he was aware of the trade name in the Seo-gu Incheon Seo-gu, Incheon, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written reply to an appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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 crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as the fact that the defendant, who already had been punished twice or more due to drinking driving, once again drives a car, is not subject to the liability for such crime, and the amount of alcohol concentration in blood at the time of detection reaches 0.16%, and the fact that drinking driving is highly dangerous to harm another person's life, body, etc., and thus, it is necessary to strictly punish the defendant for eradicating such crime.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, the previous previous previous criminal records are prior to around 2010 and there is no record of criminal punishment for the same crime for the last eight years, the wife and the two children must support them, the traffic accident involving personal and material damage is not caused while driving alcohol again.