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

[criminal history] On November 26, 2009, the Defendant was sentenced to a fine of KRW 2.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on October 21, 201.

[Criminal facts] On May 30, 2018, at around 00:05, the Defendant driven a CMW car owned by B, who was under the influence of alcohol concentration of about 4km from a section of about 0.172% in alcohol level to the front road of the Incheon District Youth Association located in the south-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, to the street of the same city.

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 result of regulating drinking driving;

1. Previous convictions in judgment: Application of two copies of the Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment of the previous summary order), summary order, etc., including criminal history;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant since the defendant, who had been already punished twice or more due to drinking driving, once or more, once again drives a vehicle, has a record of being sentenced four times as a crime of the same kind before the defendant, and the amount of alcohol concentration in blood is considerably high to 0.172% at the time of detection, and driving of alcohol is highly dangerous to harm another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the previous previous previous criminal conviction was punished by a fine as being prior to around 2011, and there was no record of criminal punishment for the same crime for the last six years, and human and material damage while driving alcohol.