A defendant shall be punished by imprisonment for not more than ten 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] The Defendant received a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) from the Jung-gu District Court on March 19, 2009, and a fine of KRW 2,50,000 for the same crime in the same court on January 25, 2011.

[2] On November 9, 2017, the Defendant driven a B B B-type car under the influence of alcohol concentration of about 0.296% on the part of the blood alcohol level at approximately 2km, from the apartment Do near the Han-dong apartment located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the front of the bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case and report on the situation of the main driving;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, as before the previous conviction in the judgment, the Defendant once again driven alcohol while having a record of criminal punishment due to driving of drinking twice, which led to the instant crime. The Defendant’s drinking value reaches a very dangerous level as 0.296%. The Defendant’s drinking value fell under the considerable degree of drinking alcohol due to driving twice the previous two times.

The defendant shows a non-cooperative attitude in the measurement of drinking, and intends to leave the scene, etc., is not good in the circumstances at the time of crime.

In light of the fact that drinking driving is a serious crime threatening the lives of drivers as well as drivers, and the social awareness is growing, the defendant's crime should be punished with heavy punishment.