A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 29, 2009, the Defendant received a summary order of 1.5 million won or more of a fine due to a violation of road traffic law (drinking) from the Gunsan Branch of the Jeonju District Court, and a summary order of 4 million won or more of a fine by the same court on July 30, 2012, respectively.

On July 3, 2017, at around 22:51, the Defendant driven a motor vehicle of hurburged C in the state of alcohol 0.071% of alcohol content in the 1km section from the front day of the sunlight gurggy road in the same Dong to the front day of the gurgy in the same Dong.

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. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in addition to the previous and summary order attached thereto), and a copy of summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, has repeated driving of alcohol, and the nature of the crime is not weak, and in particular, driving of alcohol is deemed to be a large accident by driving under the condition that the exercise ability of caution and body is significantly deteriorated and thus, is highly likely to cause serious harm and injury to an unspecified person. However, although there are circumstances unfavorable to the defendant, the defendant is recognized of his/her mistake and reflects on the defendant's age, sexual behavior, environment, etc., and all other circumstances constituting the condition of sentencing, such as the defendant's age, sex, and environment, the sentence