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 February 15, 2007, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act at the Jung-gu District Court on February 15, 200, and was sentenced to a fine of KRW 2 million for the same crime at the Sung-nam Branch of Suwon District Court on January 5

【Criminal Facts】 On August 3, 2015, at around 05:47, the Defendant driven a Bone Star-kick in the state of alcohol alcohol concentration of about 0.173% from the front of the convenience store in the vicinity of the Changcheon Yacheon-si Yacheon-si to the front road in the same Eup/Myeon.

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. Notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, and the details of control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the records of the same kind of crime), and application of summary order 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 twice for the same crime, and there is a record of criminal punishment of fines for any other crime.

Nevertheless, the defendant, while driving a vehicle while driving the vehicle, caused potential risks to the safety of road traffic by leaving the vehicle into the drainage channel.

In light of the criminal records of the defendant and the nature of the crime of this case, it is inevitable to select imprisonment with prison labor for the defendant.

The above circumstances are as follows.