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

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

Punishment of the crime

The Defendant, at the Incheon District Court on October 7, 2009, issued a summary order of a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act (drinking driving) and a fine of KRW 2.5 million as a result of the same crime on March 25, 201, and issued a summary order of Article 44(1) of the Road Traffic Act on at least two occasions, despite the fact that there was a record of violating Article 44(1) of the Road Traffic Act on at least two occasions, the Defendant, at around 04:17, February 11, 2018, driven a motor vehicle with a tendency of KRW 379 from the church parking lot of Gangseo-gu Seoul Metropolitan Government to the same 403-way in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, notification of the results of regulating drinking driving, and inquiry into the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history, etc. of the same kind) statute;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The fourth sentence of Article 62-2 of the Criminal Act regulating the operation of drinking alcohol for the reason of sentencing is under 4 times. At the time of the crime of this case, the fact that the period of probation for the crime of this case was under the suspension of drinking, etc. is not good, or the drinking value is relatively high, and it does not seem to have attempted to operate in full scale after subtracting the difference from the parking lot. Therefore, in full view of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, occupation, family environment, etc. in favorable circumstances such as the fact that the driving distance is extremely short, the execution of the sentence shall be imposed on the defendant by imprisonment, but the execution of the sentence shall be suspended on the condition that community service and compliance driving lectures

It is so decided as per Disposition for the above reasons.