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

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

Criminal facts

On May 2, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the District Court on May 2, 201, and was sentenced to a fine of KRW 2.5 million for the same crime in the same court on June 19, 2014.

On October 26, 2015, the Defendant driven C rocketing car with approximately 500 meters alcohol concentration of about 0.108% from the 50-meter distance to the front road of the building in Seocho-gu, Seoyang-gu, Sungyang-gu, Sungyang-gu, Sungyang-si, the head of which around 22:50 on October 26, 2015.

Accordingly, the defendant, even though he had the influence of drinking twice or more, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, investigation report (including a summary order attached thereto)-related Acts and subordinate statutes;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be imposed by selecting and punishing a person who has been sentenced to imprisonment at once, taking into consideration the degree of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the accused;