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

On June 28, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Jeonju District Court on June 28, 2010, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Jeonju District Court on March 26, 2012.

Criminal facts

On November 12, 2017, under the influence of alcohol content of 03:55, the Defendant driven B rocketing in the 2km section from Kim Jong-si to Kim Jong-si, Kim Jong-si, with approximately 0.212% alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant, even though having been subject to two times or more due to drinking alcohol driving, was engaged in drinking alcohol, and alcohol concentration in blood is also very high.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., and the sentence of a fine twice, and the defendant's age, sexual conduct, family relationship, environment, circumstances after the crime was committed.