A defendant shall be punished by imprisonment for not more than ten 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 October 26, 2012, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act in the Incheon District Court’s Support, and on August 22, 2013, the Defendant was sentenced to a suspended sentence of two years for ten months in imprisonment with labor for a violation of the Road Traffic Act (driving) at the Incheon District Court.

[2] Although the Defendant had been punished twice due to drinking driving, on May 30, 2016, at around 23:15, the Defendant driven the B car with alcohol content of about 0.157% from the five-story parking lots under the 5th ground below the Jin-Sadong, Yeongdeungpo-gu Seoul Metropolitan Government, to the 81st day of the so-called so-called 81, the Defendant driven the B car with alcohol content of about 600 meters in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and a criminal investigation report (Attachment to a summary order, approximately 6598 high order, approximately 2003 high order, a summary order of 1836 high order, and the sentence of 972 high order, which is 2012 high order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for not less than ten months, two years of suspended sentence, two years of community service, 80 hours in community service, 40 hours in order to attend a lecture ] The short driving distance [unfavorable circumstances], and the short driving distance [unfavorable circumstances], and the high alcohol concentration in blood.