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 January 16, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws in the Daejeon District Court's branch offices, etc. on August 16, 2008, for a period of 2 years of suspension of execution, and for a violation of road traffic laws at the Daejeon District Court on April 11, 2013, and for a period of 6 months of suspension of execution.

On September 7, 2016, the Defendant driven a B-hand car at a 10-meter section in a small-scale sampling library, which is located in the 10th new road, in a three-dimensional state under the influence of alcohol content of 0.157% among blood transfusions.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, statement report on the situation of the driver at driving, notification of the results of the crackdown on drinking driving, statement of the case processing 112 reported, on-site photographs, investigation report (attached to a certificate of the fact that an agent is a driving engineer);

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same type of judgment);

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

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the observation of protection and the order of community service, the order of education, the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.

A disadvantageous circumstances: A person who committed the instant crime even though he/she had been punished several times due to drinking driving, such as punishment, suspension of execution, and fines, and the circumstances in which alcohol content was significant at the time of committing the instant crime: A vehicle has been requested by an acting driver after drinking and has been within the instant parking lot by requesting the driver to drive. However, as a problem of parking, a vehicle that prevents the parking path of a parking lot to be abandoned by an acting driver in the city with another person and at the expense.