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] On May 31, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and the Defendant was issued a summary order of KRW 2 million for the same crime in the same court on November 28, 2013.

[2] On September 2, 2016, the Defendant: (a) driven a C-A-burpted vehicle with alcohol content 0.268% at the section of approximately 27km from the front of the trade infurine, inn city, to the front of the amburgy site, to the amburgy road, in a state of under the influence of alcohol by around 18:30 on September 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same kind of force of the suspect);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the Defendant repeatedly committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished several times due to drinking driving, drinking driving causes harm not only to himself/herself but also to another person's life and body, and thus there is a need to severely punish him/her, and that the amount of alcohol in blood reaches 0.268% even if the amount of alcohol in blood was measured by breath, it is necessary to punish the Defendant with severe punishment.

However, in light of various circumstances, such as the fact that the defendant reflects the crime, the defendant's wife, and the offender wanting to take the defendant's prior action, the defendant's age, sexual conduct, environment, circumstances leading to the crime of this case, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various circumstances, which form the conditions for sentencing specified in the arguments of this case.