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 August 13, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at regular Eup support of the Jeonju District Court on August 13, 2009, and a summary order of KRW 2.5 million for a crime of violating road traffic law at regular Eup support of the Jeonju District Court on March 25, 2011, respectively.

[2] Although Defendant 1 had had a drinking driving force twice or more as above, Defendant 1 driven a driver car with B gallon while under the influence of alcohol at approximately 0.090% from the 100 meters away from the king-ro 515, the king-ro, the king-ro, the front Dog-ro, the king-ro, the front 515, to the front road of the Kugsan-ro, the Gugsan-ro, which was located on March 3, 2016, to the front road of the Gugsan-ro, the Gugsan-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A) and criminal report (Attachment of a copy of the same criminal record and written judgment against the suspect);

1. Relevant legal provisions 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;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was punished three times by a fine due to a violation of road traffic laws, etc. On July 4, 2012, even though he/she had been sentenced to imprisonment for a violation of road traffic laws on July 4, 2012, he/she again committed the instant crime, and thus, he/she again committed the instant crime. Therefore, it is necessary to have the Defendant be punished with strict liability.

However, considering the fact that the defendant reflects his mistake, the driving distance is relatively short, etc., the circumstances shown in the records and arguments, such as the defendant's age, sex, criminal conduct and environment, power, background of the crime, degree of the violation, circumstances before and after the crime, etc. are considered.