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

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

Punishment of the crime

On August 4, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Jeonju District Court’s Gunsan Branch on August 4, 2008, and was sentenced to a fine of 2 million won for the same crime in the same court on August 27, 2009, and on January 27, 2010, the Defendant was sentenced to a fine of 3 million won for the same crime, etc. at the same court on the same date, and was sentenced to a fine of 3 million

Nevertheless, on October 4, 2016, the Defendant driven BMW car at a level of 0.084% alcohol concentration from around 500 meters to the road located in the area of the mountain area in the vicinity of the mountain area in the mountain area of the Sinsan-dong of the Sinsan-si around 22:50 on October 4, 2016.

As a result, the defendant has violated the prohibition of driving under the influence of alcohol not less than twice and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of summary order statutes;

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. The defendant, who has been subject to punishment twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, is under the influence of alcohol, and the nature of the crime is not weak, and in particular, driving of alcohol is a large accident by driving under the condition that the exercise ability of due care and body is significantly deteriorated, and thus, the risk may be considerably high, and thus, the defendant is extremely dangerous. However, although the defendant's mistake is recognized and against the defendant, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined as per the disposition.