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

The Defendant is a person who has been issued a summary order of KRW 2 million on January 16, 2007 and KRW 5 million on August 20, 2012 at the Chuncheon District Court as a crime of violating the Road Traffic Act.

On November 23, 2016, the Defendant driven a vehicle C with a low alcohol level of about 200 meters from around 0.142% in alcohol level among the blood transfusions at around 00:20 to around 695 in a new dry field in the same city, from around Yacheon-gu, Cheongcheon-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous records: Inquiries about criminal records and application of Acts and subordinate statutes to criminal records (report on attachment of criminal suspect's judgment of driving alcohol);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act is that the Defendant committed the instant crime at the same time despite the fact that he/she was punished twice due to the previous crime of drinking driving, and that the degree of drinking is considerably high 0.142% of alcohol level during blood, etc., which are disadvantageous to the Defendant.

On the other hand, there are no additional risks such as traffic accidents during the driving of the instant case, and the fact that there is no criminal history exceeding the fine against the Defendant is an element of sentencing favorable to the Defendant.

In addition, in full view of all other circumstances that are conditions for sentencing as shown in the pleadings of this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the order of the defendant.