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

[criminal history] The defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on June 29, 2007, and was sentenced to a fine of KRW 5 million for the same crime in the same court on July 21, 2009.

[Criminal facts] On September 26, 2017, the Defendant driven B K7 vehicle under the influence of alcohol with approximately 0.160% alcohol concentration at a section of approximately 200m from the front of the “mlighting point,” which is located in the original city level around the prime city level around September 26, 2017 to the 75th day of the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Records of judgment: Application of a reply to inquiries about criminal history, investigation report (the confirmation report on criminal history of the same paper crime) and 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. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has been subject to each punishment of drinking alcohol driving (2004, 2007, 2009) on three occasions in the past and two occasions (2007, 2007, 2009).

The criminal liability of repeated violations is not easy.

At the time of the detection of the instant case, alcohol concentration is also high.

A favorable circumstances: There shall not be any history of punishment exceeding a fine.

A period of eight years has passed since he/she was punished for the last drinking driving.

It is true that it will not reflect the mistake and not repeat the crime.

In addition, the above circumstances and the defendant's age, sex, family relationship, environment, etc.