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 May 17, 2007, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on February 17, 2012, the same court received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving), and on April 16, 2012, the same court was sentenced to a fine of KRW 7 million for a crime of violation of the Road Traffic Act (driving).

[2] Although Defendant 1 had been punished twice or more due to drinking driving as above, Defendant 2 driven a B-hand car under the influence of alcohol content of approximately 0.226% in the 1km section from around October 19, 2016 to around the 12-way bank trees in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver who makes a drinking and the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order, etc. attached to the suspect, the summary order No. 10149, 207, 264, 2012, 2012, 167, 2012, 2012, 2012, 202, 201

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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: Imprisonment with prison labor for not less than eight months, suspension of execution two years, community service, 80 hours, 40 hours (any favorable circumstances) or more of a person attending a law-abiding lecture, and transfer of automobiles [unfavorable circumstances] with higher alcohol concentration, repeated driving of automobiles;