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 May 4, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court on May 4, 2010, and on June 23, 2016, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court on June 23, 2016 and was sentenced to a summary order of three million won or more for drinking driving.

On October 1, 2016, at around 20:40, the Defendant driven a motor bicycle with approximately 100 meters of alcohol alcohol concentration of about 0.135% at the section of 100 meters of alcohol, without obtaining a motor bicycle under the influence of alcohol, from the front road of the Samsung-gun red-gun, Hongsung-gun, Hongsung-gun, to the front road in front of the Red Library located in 12 of the Sinsung-gun, Hongsung-gun, Hongsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, a report on detection of a model driver, a report on the actual status of a model driver, and the register of driver's licenses;

1. Previouss before and after judgments: Criminal records, inquiry reports, investigation reports (Evidence Nos. 11), judgments, and application of Acts and subordinate statutes of summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, character and conduct, environment, and the circumstances before and after the instant crime, etc., the sentence as ordered shall be determined by comprehensively taking account of all the conditions of sentencing indicated in the records.

There is a record of being punished for the same crime that is the time of the crime of this case, and that there is no record of being punished more than a suspended sentence.