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 February 3, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at a wooden branch of the Gwangju District Court on February 3, 201, and a summary order of KRW 2.5 million for the same crime at the same court on November 22, 2011.

[2] On September 28, 2017, the Defendant driven a B rocketing car with approximately 400 meters alcohol content 0.138% under the influence of alcohol on the road in front of “the East Sea Fishery” in 54 at the right of wood capture on September 28, 2017 through “the 100-day River” in front of “the 100-day River” in 108, the same route.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver at home (C);

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect drinking skills);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant was sentenced to a fine twice due to drinking, and around 2013, there was a history of being sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epicing Vehicles) and a violation of the Road Traffic Act (Refusal of measurement of drinking), and again, driving of the instant drinking again.

The drinking volume is high.

A favorable normal condition: A defendant reflects his fault in depth, and has family to support him.

Determination of sentence: The above circumstances and the defendant's age, sex, career, home environment, motive and means of crime, and circumstances after crime are shown in the arguments in this case.