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 September 20, 2012, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Jinwon District Court's Jinju branch on September 20, 2012, and on December 15, 2016, the Defendant filed a summary order with the same court for the same crime and filed a request for the summary order on December 15, 2016, and was in the same kind of

Criminal facts

Defendant 1286 driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a DNA rocketing car owned by the Defendant under the influence of alcohol at approximately 0.062% during the 10-meter radius from the front Do of the Defendant’s house located in Jin-si, Jin-si, Jin-si, Jin-si on November 16, 2016 to the Do of Jin-si, Jin-si, Jin-si, Gyeongcheon-do.

On March 24, 2017, Defendant 256 driven the EM5 vehicle without the driver’s license in the section of about 500 meters from the front of the PPP to the front of the water unit located in the PPP in the PPP in the JPP, JP, Sin-si, Jin-si on March 24, 2017.

Summary of Evidence

2016 Highest 1286

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (a copy of the summary order, a copy of indictment), 2017 order 256;

1. Statement by the defendant in court;

1. A criminal explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (refusing Drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 3, and Article 50 of the same Act [the aggravated punishment for concurrent crimes resulting from a violation of traffic laws with heavy punishment shall be aggravated for concurrent crimes resulting from a violation of the said Acts];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;