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

[criminal power] On May 8, 2007, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on June 7, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (driving).

【Criminal Facts】

As above, the Defendant, while driving a drinking-free motor vehicle two times, once again, driven CUP motor vehicle at the section of about 1 km up to the driving distance from the front of the Goyang-gu Goyang Police Station located in the Goyang-gu, Yangyang-gu, Yangyang-gu, Goyang-si, under the influence of alcohol level 0.143% at around 01:20 on June 2, 2015.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that there are many records of punishment for the crime of the same kind or similar in the past of the reason for sentencing under Article 62-2 of the Criminal Act, and that the blood alcohol concentration in the instant case is high, the need for strict punishment is very high.

However, in recent years, since there is no record of punishment for drunk driving, the defendant should not repeat the crime, and the defendant should be sentenced to a special sentence in consideration of the gender, age, family relationship and support relationship of the defendant.

It is so decided as per Disposition for the above reasons.