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 June 22, 2012, the Defendant was sentenced to one year to imprisonment for a violation of road traffic laws (drinking driving), etc. in the Gyeyang Branch of the Incheon District Court, and on November 19, 2015, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic laws (drinking driving) at the Incheon District Court Branch of the Incheon District Court on November 19, 2015.

On June 1, 2016, the Defendant driven a car with approximately 50 meters distance from around 22:04 around 0.067% alcohol level among blood alcohol level to the c. c. c. c. c. 200 meters around the Goyang-gu ledger in order to the c. c. c., the same lender.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving, response to a request for appraisal, and report on the detection of the primary driver;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act including the confession of the accused, the degree of alcohol content, the records of punishment for drinking driving (two times) and contents of the crime, the time gap between the immediately preceding detection day and the day of accident, the fact that the accident was not caused, the defendant's age, sexual conduct, environment, occupation and career, occupation and experience, family relationship, details of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition.