A defendant shall be punished by imprisonment for not more than ten 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 February 16, 2010, the Defendant was issued a summary order of KRW 1,50,000 by the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving), and KRW 6 million as a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on January 6, 2015.

[2] On March 7, 2018, at around 00:30, the Defendant driven B knife car under the influence of alcohol content of about 0.214% from the 1km section of the blood, from the front of the Incheon Gyeyang Police Station located in Gyeyang-ro, Incheon Gyeyang-ro, Incheon, Gyeyang-ro 68 to the front of the knife car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (verification of the history of driving under drinking twice), and application of Acts and subordinate statutes in duplicate of a summary order;

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 with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant since the defendant, who had been punished twice or more due to drinking driving, drives a vehicle again and has been sentenced twice or more due to driving of a vehicle, and the defendant had the record of being sentenced to several criminal punishment due to the violation of other traffic-related Acts and subordinate statutes, such as non-licenseing driving, etc., including being sentenced twice or more due to driving of a vehicle before drinking, and the defendant has a record of being sentenced to more than twice the punishment due to the violation of other traffic-related Acts and subordinate statutes, such as non-licenseing, etc. at the time of the control of this case, the amount of alcohol concentration in the defendant's blood is considerably higher than

On the other hand, the defendant recognizes the crime of this case and reflects the mistake, and there is no record of criminal punishment exceeding the fine for the same crime before, and driving drinking.