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 August 16, 2011, the Defendant was sentenced to a fine of two million won or more due to a violation of the Road Traffic Act by the ordinary military court of the Ministry of Water Services on August 16, 201, and a fine of two million won or more due to the same crime in the support for the development of the source of water sources and the same crime on October 23, 201, and was punished on at least two occasions for a violation of the Road Traffic Act.

On February 10, 2016, at around 22:24, the Defendant driven a B-pon vehicle in the state of alcohol alcohol content of about 2km from the front of the new market place, which is a dynamic behavior in the Dongducheon-si, to the front day of the salary-string distance in Yangyang-dong at Yangyang-dong at the time of Yangju to the front day of the salary-string-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

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

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.

Although the Defendant had already been punished twice due to drinking driving, the Defendant has been driving a motor vehicle under the influence of alcohol again, there is a need for strict punishment.

However, the sentencing conditions specified in pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as the order, considering the fact that the defendant's mistake is divided and reflected, and there is no record of punishment exceeding the fine, and that there is no other reason to punish the defendant.