A defendant shall be punished by imprisonment with prison labor 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

On March 26, 2015, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Incheon District Court on March 26, 2015, the same court on September 23, 2016, to a fine of seven million won as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger) and a crime of violating the Road Traffic Act.

Although the Defendant had been punished for drinking driving more than twice as above, around May 4, 2018, at around 22:09, the Defendant driven B vehicles with alcohol content of 0.211% in the parking lot located in the Seo-gu, Seogu, Seogu, Seo-gu, Incheon, Seogu, Seo-gu, Incheon at around 307.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and on-site photographs;

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. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 15) at a net time;

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. 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 of Education and the Order of Community Service has a record of being sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving of Drinking), a crime of violating the Road Traffic Act (driving of Drinking) around September 2016, and a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving), and the defendant caused the accident of towing a vehicle in the parking lot at the time of driving of the instant case. The defendant caused the accident of towing the vehicle in the parking lot at the time of driving of the instant case. The defendant's blood alcohol concentration (0.211%) is very high. Meanwhile, the defendant reflects the Defendant's crime at the time of the instant case, while taking into account the defendant's age, sex, environment, motive, circumstance, means and method of the instant crime, circumstances after the instant crime, etc., and determining the same type of punishment as the order of the instant case.