A defendant shall be punished by imprisonment for seven 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

On December 1, 2006, the defendant has been punished four times as a crime of violating road traffic law such as being sentenced to imprisonment for one year with labor for a violation of road traffic law, and six months in the same court on July 31, 2008 due to a violation of road traffic law.

On August 26, 2015, the Defendant driven a car at C Spanpo site in the state of alcohol alcohol concentration of about 0.074% from the 1km-gu, Busan Metropolitan City to the front of the Goyang-si complex B 13, Seoyang-gu, Goyang-si, Seoyang-si, Seoyang-gu, Seoul Metropolitan City on August 26, 2015.

As a result, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol again in violation of this clause.

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (see the following grounds for sentencing) of the mitigated amount

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture in this case, even though the defendant had been punished for driving under drinking at least four times, and again, the defendant needs to make a strict punishment corresponding thereto.

However, considering the fact that the defendant's mistake is recognized, the driving power of drinking is relatively long time, and the alcohol concentration in the blood of this case is not high by 0.074%, the punishment shall be determined to suspend the execution of imprisonment as above.