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

On September 29, 2008, the Defendant received a summary order of 1.5 million won from the Changwon District Court to a fine for a violation of the Road Traffic Act. On June 22, 2009, the Defendant received a summary order of 3 million won by the same court due to a violation of the Road Traffic Act (driving). On November 11, 201, the same court was sentenced to imprisonment for 4 months and 2 years of suspension of execution.

On December 13, 2016, at around 00:35, the Defendant driven B SP car in the under the influence of alcohol with approximately KRW 700 meters alcohol concentration of 0.05% from the 700-meter section to the road front of the Yong River Station located in the same Dondong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the report on the state of drinking drivers, and the report on the state of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same criminal records and judgment, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even though he/she had a record of being sentenced to a fine and a suspended sentence due to a violation of the Road Traffic Act, such as the crime stated in the judgment of the court below.

However, the defendant does not repeat the same kind of crime again, and the blood alcohol concentration at the time of the driving of the case.