A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 5, 2007, the Defendant received a summary order of a fine of one million won or more due to a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court. On December 26, 2013, the Defendant received a summary order of 1.5 million won or more due to a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court.

On December 30, 2016, the Defendant driven an E-Track vehicle while under the influence of alcohol with approximately 0.106% alcohol concentration in blood from around 600 meters from the front of the “C cafeteria” road located in the Sinsan City B to the D shooting distance located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Photographs photographs at the scene of detection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. The defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, is under drinking, and the nature of the crime is not weak, and in particular, driving of alcohol is a large accident by driving under the condition that the exercise ability of caution and body is significantly deteriorated, and thus, is highly likely to cause serious harm and injury to other unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant's mistake is recognized and contradictory, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined in accordance with the disposition.