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 February 27, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law (drinking) at the Ulsan District Court, and on August 18, 2008, the Defendant was sentenced to a summary order of a fine of four million won for the same crime in the same court, etc. on August 18, 2008, and on June 15, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime.

[2] On October 11, 2016, the Defendant driven a B sprink flobbing truck with approximately KRW 1k-m alcohol content 0.214% under the influence of alcohol while under the influence of alcohol at around the front road of “Yeng-gu, Ulsan-gu, Ulsan-gu” in the same direction as “Yeng-gu, Young-gu, Ulsan-gu.”

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Inquiry about criminal history and application of respective statutes of judgment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures, repeated the crime with three or more times of drinking driving skills, including the previous convictions before probation, and the fact that alcohol content in blood is very high to 0.214% is disadvantageous to the defendant, however, he/she does not drive drinking again while reflecting the depth of the crime;

In light of the fact that the sentence was imposed in this case and the circumstances leading to the crime of this case, considering the fact that it appears that it would be difficult for the dependent to live.