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

[criminal history] On May 11, 2007, the defendant was sentenced to a summary order of a fine of one million won for a crime of violating road traffic law in the Gwangju District Court's net support on May 11, 2007. On November 7, 2008, the defendant was sentenced to imprisonment for six months with prison labor for the same crime in the same court, and the same record reaches two times.

[2] On March 9, 2016, around 01:51, the Defendant driven Bho-do car under the influence of alcohol concentration of approximately 0.163% from the 1km section to the luminous-ro entrance road located in the same city (e.g., e., e., e., e., e., the mutual influent restaurant in Mayang-gu, Gwangjuyang-do.

Summary of Evidence

The defendant's legal statement traffic accident occurrence report, notification of the results of the drinking driving control, previous records of the judgment of the State driver's circumstantial report: The application of inquiry letter, judgment text and summary order law, such as criminal history;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

4. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order resulted in a traffic accident in which the Defendant is driving under high drinking level even though he/she had a record of being punished for a suspended sentence due to drinking in the past.

However, the defendant's mistake reflects on his or her mental health department, and the defendant's treatment of the climatic dependence on alcohol in his or her mental health department does not drive an absolute drinking.

The punishment shall be determined in consideration of the sentencing factors favorable to the defendant when the defendant is punished for driving under drinking, and the punishment shall be determined in consideration of the defendant's age, sex, family environment, etc., and protection observation, attendance order and community service order shall be added to prevent recidivism.