A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 30, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Tongwon District Court’s branch on January 30, 2008. On June 15, 2011, the Defendant was sentenced to a fine of two hundred and five million won for a crime of violating the Road Traffic Act (dacting driving) at the same court. On the other hand, on January 28, 2016, the Defendant was issued a summary order of five million won for a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts] On February 13, 2016, the Defendant driven Bone Star Sheet while under the influence of alcohol content of about 500 meters from a section of approximately 500 meters from the front of the Ptotopy store located in Pyeongtaek-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Gyeongnam-si, to the humpump-dong in the smooth-dong, Chungcheongnam-si, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. A detailed statement of inquiry about management of the main report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of facts during the same kind of force and continuous trial of the suspect);

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 reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. are considered, and the sentence is determined as ordered on the grounds that the defendant has been sentenced to a fine due to drinking driving three times, and the defendant's mistake in the crime of this case has not been committed again. In addition, the decision is made as ordered on the grounds that the punishment is determined as ordered by considering the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime of this case, and circumstances