A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 21, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 16, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

On July 29, 2017, the Defendant driven B rocketing car under the influence of alcohol of about 40km from the front of the drinking house, where it is impossible to identify the trade name in the West-dong at the front of the Jeonju City, to the front of the Sgym hotel, located at about 10km-ro Sinsan Sea Network, to the front of the Sgym hotel, with the alcohol concentration of about 0.101%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's driving record), and copy of each summary order;

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. Although the criminal defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution, has repeated driving of alcohol, the nature of the crime is not weak, considering the fact that the criminal defendant recognizes his/her own mistake and reflects his/her mistake, and all other circumstances constituting the condition of sentencing, such as the criminal defendant's age, sex behavior and environment, the punishment shall be determined as per the order;