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 issued a summary order of one million won for a crime of violating road traffic laws at the Ulsan District Court on February 26, 2010, and on May 20, 201, the same record of the defendant was two times more than that of imprisonment with prison labor for the same crime in the same court on May 20, 2011.

[2] On October 2, 2016, the Defendant driven a DNA cargo vehicle while under the influence of alcohol content of about 0.244% in blood until the front road of the “C apartment house” on the roads of Yangsan-si B lending on October 2, 2016.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the detailed report on the situation of the driver involved and the response to the request for appraisal;

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. The fact that the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service has the history of a crime related to the same traffic that leads to six times to the defendant. In particular, even though the defendant has the history of driving four times drinking, including the previous criminal records of probation, repeating the crime of this case, the alcohol concentration in blood is very high to 0.244%, and the defendant's drinking habits seems to have high possibility of recidivism in light of the defendant's drinking habits, etc., it shall be taken into account that the defendant reflects the crime, the fact that the defendant is driving against the crime, the fact that the defendant has no history of driving drinking during the past five years, although there are many kinds of records of the past five years, etc., and the sentence shall be determined as per the disposition, taking into account all the circumstances such as the defendant's age, sex, family relationship