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 May 13, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the District Court of Jung-gu on May 13, 201, and a fine of three million won for the same crime at the same court on November 21, 2013.

On October 6, 2016, the Defendant driven a B-V car under the influence of alcohol leveling 0.157% from around 700 meters away from the front of the cafeteria located in Masan to the front road of the additional vehicle industrial company located in the same Ri, if the Defendant was added at around 22:10 on October 6, 2016.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement about the results of crackdown on driving under drinking and the situation of the driver under driving under drinking;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of a driver who drives the same kind of drinking);

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

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

The defendant has already been punished four times due to drinking driving, the high alcohol concentration in blood at the time, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are shown in the arguments such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.