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 January 27, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court. On April 20, 2012, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime by the same court.

On April 14, 2017, the Defendant driven a Bluen vehicle with a alcohol concentration of approximately 0.083% from a section of approximately 100 meters alcohol level to the front road of the sark, Sark, which is located in the sark-dong of the same Simposi, from the front road of the sark-si, which is located in the sark-si of the Simpo City, around 23:55.

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. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation report on the past records of the same type of crime), and summary order-making Acts and subordinate statutes;

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. The defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, has repeated driving of alcohol, and the nature of the crime is not weak, and in particular, driving of alcohol is deemed to be a large accident by driving under the condition that the exercise ability of caution and body is significantly deteriorated and thus, is highly likely to cause serious harm and injury to an unspecified person. However, although there are circumstances unfavorable to the defendant, the defendant is recognized of his/her mistake and reflects on the defendant's age, sexual behavior, environment, etc., and all other circumstances constituting the condition of sentencing, such as the defendant's age, sex, and environment, the sentence