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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 23, 2018, around 01:19, the Defendant driven B car under the influence of alcohol content of 0.103% in a section of approximately 500 meters from a name tag located in the same Gu calculated Dong from the French Operation Dong of Gyeyang-gu, Incheon to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking driving, and investigation report (report on the circumstances of the driver who is placed in driving);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 9 on a net basis);

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 to Attend a lecture and the Order of Community Service has the record of being sentenced to a fine of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving) around around 2012, and to be sentenced to a suspended sentence of two years for the crime of violating the Road Traffic Act (drinking on around 2015), on the other hand, the Defendant reflects the instant crime, and the Defendant’s alcohol content (0.103%) during the instant crime at the time of the instant case’s blood alcohol content (0.10%) and other conditions of sentencing as indicated in the instant records and trial process, including the Defendant’s age, sex behavior, environment, motive, means and method of the instant crime, and circumstances after the instant crime.

The acquittal portion

1. On August 16, 2012, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Incheon District Court, and imprisonment with prison labor for a crime of violating the Road Traffic Act (refluence of alcohol measurement) in the same court on March 16, 2015 and a suspended sentence of two years for a period of eight months.

On October 23, 2018, around 01:19, the Defendant driven B car under the influence of alcohol content of 0.103% in a section of approximately 500 meters from a name tag located in the same Gu calculated Dong from the French Operation Dong of Gyeyang-gu, Incheon to the front road.

2. As to the above facts charged, the prosecutor of the judgment is entitled to Article 148-2 (1) 1 of the Road Traffic Act.