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 June 7, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 700,000 for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 24, 2009.

[2] On February 26, 2017, the Defendant: (a) driven a BN model while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.132% from the portion of 50 meters to the front road of the 500-day city at the time of inn, Samsung name, Samsung 255, the Gu, from the front of the restaurant to the front road at the time of inn, along the wnish, which is located in Sejong-ro 322, Sejong-ro at the time of inn, the Defendant driven BN model.

As a result, the defendant was driven under the influence of alcohol on more than two occasions, even though he had the power of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 reason for sentencing of Article 62-2(1) of the Criminal Act on the grounds of the protection and observation and the order to attend lectures is that the Defendant re-driving a motor vehicle in 2009 and 2013, despite the fact that there was a history of punishment for driving under drinking in 2009 and 2013, and the Defendant was engaged in driving under the influence of drinking without any rapid circumstances, and the amount of alcohol concentration among the bloods measured by being exposed is considerably high.

Considering the purpose of the Road Traffic Act, it is necessary to strictly punish the defendant to prevent recidivism in order to prevent the imprisonent result caused by repeated driving of drinking.

However, the defendant reflects the crime and the occurrence of a traffic accident while driving alcohol.