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

[criminal history] On March 17, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law (refluence of drinking), etc. in the early branch of the Chuncheon District Court on March 17, 2009, and was sentenced to a fine of 8 million won by the same court on May 19, 2010.

[Criminal facts] On October 23, 2015, the Defendant driven C Poter Cargo at approximately 1.5km from the front side of the elementary medical center located on the 3-lane of the Seocho-si, Young-si, Young-si, 16:50 on the same day to the front side of the convenience store of about 1.5m alcohol level at approximately 0.101% under the influence of alcohol level at approximately 1.5m in the middle of the GS25 city, located in the city of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A written statement of the driver who takes charge;

1. Previous convictions in the judgment: (A) a response to inquiries, such as criminal history, a criminal investigation report (Attachment to previous statements and reports, etc.); - A copy of the judgment, etc., and the application of each one of the statutes;

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor (Considering the previous conviction, etc. of the same offense);

1. Articles 53 and 55 (1) 3 of the Criminal Act (in cases of confessions and reflects, and in cases of non-criminal records of the same kind other than those in the judgment, etc.), of the mitigated amount of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;