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 1, 2008, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daejeon District Court on February 1, 2008, and on August 18, 2009, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the same court on more than two occasions, such as receiving a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

[Criminal facts] On December 17, 2016, the Defendant driven B-low-car under the influence of alcohol with about 0.059% of alcohol content from the front side of the yellow village apartment located in the Dong-dong, Seo-gu, Daejeon, Seo-gu, Daejeon to the point of the mountain village located in the same Gu and the fourth distance.

Accordingly, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and statutes;

1. Relevant Article of the Act and 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 to mitigate small amount;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are determined as ordered by considering the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as stated in the court below.

Unfavorable circumstances: The circumstances favorable to the fact that he/she again committed the crime of this case even though he/she had been punished several times due to drinking driving, which are more favorable to the fact that he/she committed the crime of this case: 6 times the record of the same crime, but all of the fines, the record of the final drinking driving is more than 7