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 July 17, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on July 17, 2009, and a summary order of KRW 3 million for the same crime at the same court on May 22, 2012.

On November 12, 2017, around 04:52, the Defendant driven a BSP car in the influence of alcohol leveling to about 0.196% of alcohol level in the section of about 5km from the front of the Saemaul Treasury, which was located in 27, a gold-ro in the head of the Sincheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do to the front of the GS25 convenience point in 1104-1 in the same Gun.

Accordingly, the Defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a description of photograph;

1. Notification of the results of crackdown on drinking;

1. Records of crime: Application of the Acts and subordinate statutes attached to a reply to inquiries, such as criminal history, and documents attached to a criminal investigation report (Evidence Serial No. 20);

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for the sentencing of Article 62-2 of the Criminal Act [unfavorable circumstances] of the Act on the Protection and observation, community service, and order to attend a lecture is that the Defendant again imprisoned a drinking driver, who violated the prohibition on drinking at least twice the prohibition on driving under drinking, and the nature of the offense

The alcohol concentration level in the blood of drinking driving was 0.196% high.

As the crime of this case led to a traffic accident, the risk was realized.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

In addition, the instant traffic accident did not cause personal injury.

There is no history that the defendant has been punished by a fine heavier than that of a fine even before such punishment.

(2).