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

On January 19, 2007, the defendant was notified of a summary order of a fine of two million won at the Suwon District Court for a violation of the Road Traffic Act, and on February 26, 2009, he was sentenced to imprisonment for eight months and two years of suspension of execution.

Although the Defendant had been punished twice or more due to drinking driving as above, the Defendant driven a car of about 1m Ccopic in the front of the wind shock in Pyeongtaek-si under the influence of alcohol 0.162% at around July 20, 2014, while under the influence of alcohol around 23:25.25.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Written statements of D;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Previous convictions in judgment: Criminal records, summary orders and application of statutes governing judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although there is a record of being sentenced to suspended sentence due to the same kind of crime as the sentencing of Article 62-2 of the Social Service Order Criminal Act, there is a need for the criminal defendant who once driving under the influence of alcohol again to be punished corresponding thereto.

However, the suspension of execution on the condition of community service order like the order shall be imposed in consideration of the fact that the driving distance of the defendant was less than one meter, the risk of recidivism has been reduced by disposing of the vehicle, the family relation, health status, occupation, etc. of the defendant.