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 September 5, 2008, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act (drinking driving), and on May 29, 2014, a summary order of KRW 5 million was issued by the same court as a crime of violating the Road Traffic Act (drinking driving).

[2] On April 6, 2018, around 19:30 on April 6, 2018, the Defendant driven a B low-water car with approximately KRW 4 KK’s alcohol level 0.288% under the influence of alcohol level from the section of approximately 4 KK to the 215-ro-ro, Incheon Gyeyang-gu, Seocheon-gu, Incheon, Seocheon-gu, Incheon, to the underground parking lot for new apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. An explanatory note;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of records of drinking driving);

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. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;