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 May 6, 2010, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court on May 6, 201, and a fine of three hundred and five million won as a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on November 1, 2013.

On February 22, 2016, around 22:12, the Defendant driven the B low-water vehicle with alcohol content of at least 0.146% while under the influence of alcohol from approximately 200 meters to the front road of the same Eup/Myeon, located in the same Eup/Myeon, from the land of the Republic of Korea located in the same Eup/Myeon.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report of the circumstances of driving at home;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

However, even though the Defendant had already been punished twice due to drinking, he again driven a motor vehicle while under the influence of alcohol.

However, the sentencing conditions as shown in the arguments, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., are added to and against the defendant's mistake, and there is no record of punishment exceeding the fine.