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

On August 14, 2008, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on August 14, 2008. On October 29, 2008, the Defendant was sentenced to six months by imprisonment for the same crime, etc. at the same court. On October 6, 201, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime.

On July 25, 2017, the Defendant driven a BM6 car under the influence of alcohol content of 0.157% during blood transfusion at around 23:05, and proceeded with a section of approximately 100 meters from the side way of CNC Art Research Institute to the same 30 square and 30 Efato the Madin-ro, Bupyeong-gu, Incheon.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, investigation reports (Attachment to a summary order, etc.), summary order attached thereto, and the application of respective Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Facilities, including five times of the same kind of crime, is that the Defendant driven a motor vehicle under the influence of alcohol despite a large number of criminal records violating the Road Traffic Act. However, the crime of this case is not good, but the driving distance is relatively short, and the driving distance was relatively short, and the Defendant was requested to move the motor vehicle after drinking alcohol and returning it to the accommodation, and became to drive the motor vehicle directly.