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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On January 2, 2009, the Defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act (driving) at the Incheon District Court on January 2, 2009, and a fine of 4 million won for the violation of the Road Traffic Act (driving) at the same court on June 7, 201.

On June 7, 2014, the Defendant, while under the influence of alcohol of 0.218% of blood alcohol concentration, driven a car by translating it from a section of about 300 meters from the street in front of the Seo-gu, Seo-gu, Incheon, Seo-gu to the front road of the Seocheon Oil Station in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Before ruling: Application of criminal history records, inquiry reports, investigation reports (former records and attachment of judgment) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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: The fact that there is no other criminal record except for a traffic offense (unfortuous circumstances) in prison for eight months of imprisonment, a stay period of two years, and an order to attend a lecture [fortuous circumstances] The blood alcohol concentration in the instant case was significantly high, and the blood alcohol concentration was 0.127% (traffic accident occurred) even at the time of driving under the influence of alcohol on November 18, 2008, and the blood alcohol concentration was 0.206% even at the time of driving under the influence of alcohol on May 14, 2011;