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

On November 19, 2012, the Defendant received a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act in support of Sungnam-gu Office of Friwon on November 19, 2012, and a summary order of KRW 2 million for the same crime in the same court on July 5, 2007.

On December 11, 2016, at around 20:55, the Defendant driven B car truck under the influence of alcohol content of 0.120%, from the front of the luminous elementary school located in the Sinpo-si in Gwangju Metropolitan City to the same Eup-type mountain road 147, the Defendant driven B car truck under the influence of alcohol content of the blood.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and the circumstantial report on the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a)

1. Relevant legal provisions, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (the history of the crime of the same kind, the values of drinking, and the occurrence of a traffic accident) concerning the occurrence of a traffic accident;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount (the gap between confession, reflectivity, the records of the same crime, and the crime in this case);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence but not more than a record of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;