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

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

Punishment of the crime

【Criminal Power】 On April 5, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on April 5, 2007, and on November 2, 2007, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act.

【Criminal Facts” around 15:50 on September 13, 2015, the Defendant driven a B observer car under the influence of alcohol leveling 0.102% from the direction of about 50 meters from the front side of the mountain mountain field, the mountain field in the Yari-si, the Yari-si, the mountain field in the Yari-si, and the same Yari-si, the Yari-si.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, report on detection of a drinking driver, and details of control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. have the record of criminal punishment of fines on three occasions due to the crime of violating the Road Traffic Act, and other crimes have the record of criminal punishment such as suspended sentence of imprisonment.

Nevertheless, the defendant, while driving under the influence of alcohol, caused danger to road traffic.

Therefore, it is inevitable to select the imprisonment for the defendant.

The above circumstances and the defendant show a confession and reflect position, and the year 2007.