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 December 27, 2006, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on December 27, 2006, and imprisonment with prison labor for 8 months and suspended execution for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on May 19, 2008.

[2] On February 26, 2018, at around 23:30, the Defendant driven a BF car under the influence of alcohol with approximately 0.100% alcohol concentration in blood from approximately 5km to about 23:40 on the same day from the front side of the Pung apartment apartment road of 118-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to around 23:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (No. 11)

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 of Education and the Order of Community Service is 0.10% of the Defendant’s blood alcohol concentration at the time of the instant case. On the other hand, the Defendant has no record of criminal punishment for about 10 years prior to the instant crime, and the Defendant has no record of criminal punishment for violation of the Road Traffic Act on 2007 and 2008, and three times of a fine for violation of the Road Traffic Act on 2008, the crime of violation of the Road Traffic Act on 2008 and the violation of the Road Traffic Act on 40 hours, and there was a record of suspended sentence 2 years of imprisonment with prison labor for 8 months, 80 hours, the community service order of 40 hours, and the order of the instant case on 10 years prior to the instant crime, and the Defendant’s age, sex, the Defendant’s environment, the motive and method of the instant crime, the record of the instant crime, and the following circumstances, etc.