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

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 20, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court Goyang Branch on May 20, 201, and on March 30, 201, the Incheon District Court received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (dacting driving).

[2] On April 7, 2018, Defendant 1, who violated Article 44(1) of the Road Traffic Act more than twice, was driving CM6 car under the influence of alcohol with approximately approximately 0.130% alcohol concentration from the 200 meters away from the 200-meter section to the front road of the Incheon Seo-gu Women Hospital, Seo-gu, Incheon, Seo-gu Office of International City, Seo-gu, Incheon, to drive CM6 car under the influence of alcohol with approximately 0.130% alcohol concentration from the 200-meter section to the front road of the Incheon Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of a report on investigation (Attachment to the same criminal record);

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 punishment shall be determined by taking full account of the circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act (the fact that the defendant is recognized to commit the crime of this case, the fact that there is no record of criminal punishment exceeding the fine), unfavorable circumstances (the fact that the blood alcohol concentration is high at the time of the crime of this case, and the defendant has the record of criminal punishment three times for the same kind of crime), and other various circumstances, including the defendant's age, sex behavior, motive, distance of the crime, driving distance, and the circumstances after the crime, etc., and the conditions of sentencing specified in the records and pleadings