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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 21, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on May 21, 2009, and two million won as a fine by the same court on September 10, 2012.

On November 10, 2016, the Defendant driven a Bystm motor vehicle under the influence of alcohol content of about 800 meters from around 10, 2016 to the roads in front of the Songcheon-dong located in the same Sincheon-do.

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 report on the situation of the driver placed in the main place, response to requests for appraisal, and response results;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. As a result, the Defendant, who had been punished several times due to driving of drinking for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, repeats driving of drinking for the reason of sentencing, and the nature of the offense is not weak, and the Defendant recognizes and reflects his/her own mistake, there is no record of being punished exceeding the fine due to the same kind of crime, and other circumstances that form the condition for sentencing, such as the Defendant’s age, sex behavior, environment, etc., shall be determined as per the disposition.