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 December 4, 2006, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 4 million for a violation of the Road Traffic Act, and on June 7, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act.

On March 31, 2015, around 21:00, the Defendant driven a C Uidi vehicle with the alcohol level of 0.144% under the influence of alcohol level to the roads near the Hanyang-dong Seoul Metropolitan City, Anyang-dong, Annyang-dong, annyang-dong, annyang-dong, annyang-dong, annyang-dong, annyang-dong, an underground lane

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1), 2 (2);

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. The damaged vehicle and the suspect's subordinate photograph (No. 5);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, who has driven a drinking driver twice or more, caused a contact accident at the end of the drinking driving of the instant case, and the crime was discovered. The nature of the crime is heavy.

In addition, taking into account the fact that the defendant's drinking alcohol level is significant, and that the defendant was subject to continuous punishment for drinking without a license in 2012 due to his refusal to measure drinking in 2013 (i.e., the circumstance that the relative-friendly D on the vehicle responded to the drinking measurement as he driven, or whether the defendant was requested to do so, is not clearly revealed, and in the police investigation, the defendant and D expressed "the fact that the defendant driven" in the police investigation, so it does not take into account the circumstances unfavorable to the sentencing).