A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 30, 2007, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act at the Seoul Central District Court on March 30, 2007, and on May 12, 2013, the Defendant received a summary order of a fine of one million won at the Incheon District Court on May 12, 2013, and is a person who has violated Article 44(1) of the Road Traffic Act two or more times.

On March 28, 2018, the Defendant driven B rocketing car at the 1km section from 10-2-ro 10, 000,000, to 7 flusm from the south-ro, Incheon, Incheon, to the front day of the 7 flus river of the Incheon, while making alcohol content 0.117% of alcohol among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same type crime), and other statutes;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, once or more, drives a vehicle again, and the nature of the crime is not less than that of driving a vehicle. The amount of alcohol concentration in blood at the time of detection is not lower than 0.117%, and the driving of drinking is a crime with high risk of causing harm to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the previous previous previous criminal conviction was sentenced to a fine before 2014, and there was no record of criminal punishment for the same crime for the last four years, not causing a traffic accident involving personal and material damage while driving alcohol, and again, he/she will not drive alcohol again.

It is more favorable to the defendant.