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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 27, 2008, the Defendant was issued a summary order of a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on May 9, 2013, the Defendant was sentenced to imprisonment of eight months and a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on May 9, 2013, and violated the provisions on the prohibition of drinking under the Road Traffic Act more than twice.

On September 6, 2017, around 04:40, the Defendant driven a CMW X5 car while under the influence of alcohol content of 0.102% in front of the so-called So-called So-called So-called So-called So-called So-called So-called So-called Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the generation, a survey report on actual conditions, vehicles and field photographs;

1. A report on the detection of a primary driver;

1. Application of an inquiry letter, such as criminal history, investigation report (No. 17, 18, 19, No. 19, on a net basis);

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 lies in the history of being sentenced to a fine of three times due to a crime of violating the Road Traffic Act on May 9, 2013, such as a suspended sentence of eight months, a crime of violating the Road Traffic Act (driving) around March 2006, around September 2006, around June 2008, and around June 2008. Meanwhile, the Defendant reflects the instant crime; the Defendant’s blood alcohol concentration (0.102%) at the time of the instant crime; and other Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime; and circumstances after the instant crime, etc., the sentence identical to the order shall be determined by comprehensively taking into account the following factors: