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

[criminal history] On March 9, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of road traffic law in the Southern Branch of the Gwangju District Court of Gwangju District, and was sentenced to a suspended sentence of two years for a year on September 8, 201 due to a crime of violation of road traffic law in the Southern Branch of the Gwangju District Court of the Gwangju District Court of Gwangju District.

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven B-do car at a distance of about 500 meters from the front of the 29 Jindo-gun, Jindo-gun’s trade name on the road located in the 29 Eup, Jindo-gun, Jindo-do, in the state of drinking 0.126% of alcohol among the blood transfusion around December 22, 2016, while he was under the influence of alcohol at around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking (the eight pages of investigation records);

1. Previous convictions in judgment: Application of the provisions of Acts and subordinate statutes of five copies of a written inquiry, such as criminal history, report of investigation (Attachment to the previous and the previous decisions, etc.), and copy 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;

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 is that the accused has been punished several times for the same kind of crime, and the driving of drinking is repeated without any particular crime despite the fact that the accused has already been subjected to suspended sentence.

Although the defendant should be punished strictly, a suspended sentence shall be imposed only once in consideration of the fact that the defendant reflects his/her gender, support his/her family, etc.