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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 17, 2011, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on January 14, 2016, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of 1.5 million won for the same crime from the Jung-gu District Court on January 14, 201.

On June 24, 2018, the Defendant driven B Poter vehicle under the influence of alcohol content 0.079% in blood, with approximately 10k section from the so-called ponon road of 09:22 at the Government-si, Yangju-si to the Haak-dong, Yangju-si, both of which are 0.079% in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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, report on investigation (verification of the same kind of force);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for the same crime even before.

Nevertheless, the instant crime committed while driving under the influence of 0.079% of alcohol concentration in the re-blood.

However, under the favorable circumstances that the defendant seems to have repented his mistake in depth, it shall be taken into consideration.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.