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

On August 1, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on August 1, 2008, and a fine of one million won for the same crime at the same court on February 20, 2009.

피고인은 2018. 8. 8. 18:08 경 혈 중 알콜 농도 0.138% 의 술에 취한 상태로 성남시 분당구 수 내로 201 앞 노상부터 성남시 분당구 수 내로 샛별 삼거리에 이르기까지 약 1km 구간에 걸쳐 B K5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Application of second-class Acts and subordinate statutes to a written inquiry, such as criminal history, and a suspect's separate 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 driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

However, other factors of sentencing, such as the defendant's age, environment, sexual conduct, motive and means of a crime, circumstances after a crime, etc., such as the fact that the defendant is against himself or herself, and the fact that there is no criminal record exceeding the fine, etc., shall be comprehensively considered, and the sentence shall be determined as ordered.