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 of the final judgment.

Punishment of the crime

On May 3, 2004, the defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on May 3, 2004; on September 26, 2005, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act; on April 30, 2009, the same court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act; on December 7, 2009, at the same court on March 31, 2010, the defendant was sentenced to a suspended sentence of two months for a period of imprisonment for a violation of the Road Traffic Act (driving).

On April 15, 2014, at around 00:06, the Defendant operated Cpoter cargo vehicles at approximately KRW 0.067% under the influence of alcohol concentration of approximately 1 kilometer from the road front of the boundary line of the bank of Korea, which is located in the Nam-gu Incheon Metropolitan City, 503, to the East Rock 450, a white-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the state of driving under the influence of alcohol, report on the state of driver under the influence of alcohol, and report on the state of driver under the influence of alcohol;

1. Before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspended sentence two years, community service, 80 hours, 40 hours required to attend a lecture (limited to reasonable circumstances). The relatively low blood alcohol concentration in the instant case, two children who are high school students and family support such as wife, and drunk driving as follows.