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

However, the execution of 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 4, 2016, 23:55, the Defendant, from the front of the UN Chocheon-si Municipal Ordinance to the road in the front of the same Sincheon 2-ro, driven a car under the influence of alcohol with approximately 100 meters alcohol level of about 0.110% in blood alcohol level, from the road in the same Sincheon 2-ro.

Summary of Evidence

A previous conviction on the result of the defendant's legal statement drinking driving control, the fact that the defendant made a report on the state driving: A reply to inquiry, such as criminal history, a summary order, and the application of the law of the judgment.

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;

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

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

4. The Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Act, has been sentenced to a fine for drinking alcohol driving twice, or a suspended sentence due to a drinking traffic accident, and repeated drinking driving.

However, the execution of imprisonment shall be suspended in consideration of the fact that the defendant reflects the mistake, there is no other criminal record other than the above punishment records, and the defendant is living a relatively old and sincere workplace life, but the execution of the imprisonment shall be ordered to prevent recidivism, and the protection observation shall be also ordered to prevent recidivism.