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.

Punishment of the crime

【Criminal Power】 On November 6, 2013, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jeonju District Court on June, 2013, and was sentenced to a summary order of five million won by a fine at the Jeonju District Court on December 24, 2008.

【Criminal Facts】 On August 2, 2016, around 06:45, the Defendant driven a Crane car with a blood alcohol concentration of about 0.190% in the 5km section from the front side of the Dourijin-gu Jinjin-gu Maddong to the front road of the Douridong-gu Maddong-gu Maddong-gu Maddong-gu to the front day of the Maddong-gu Maddong-ro 27.

Summary of Evidence

1. Defendant's legal statement;

1. Report on voluntary driving of a person suspected of violating the Road Traffic Act;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A report on internal investigation:

1. Detection site photographs;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to criminal records of the same kind as the suspect's judgment, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, and lecture attendance order - Circumstances unfavorable to the accused: The degree of main records and probation, including once the suspension of the same kind of criminal records and circumstances unfavorable to the accused, (0.190% of blood alcohol concentration) - The serious reflectivity - The comprehensive requirements for sentencing under Article 51 of the Criminal Act;