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 March 5, 2013, the Defendant issued a summary order of KRW 4 million to a fine of KRW 5 million for a crime of violating the Road Traffic Act, etc. at the Daejeon District Court on March 5, 2013, and a summary order of KRW 4 million to a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on August 5, 2014.

On February 14, 2016, the Defendant was under the influence of alcohol content of 0.091% during blood transfusions around 20:33, the Defendant driven a e-learning car at approximately 10km section from the front day of the Defendant’s female dong D’s house located in Daejeon-gu, Seo-gu, Seo-gu, Daejeon to the roads in front of Daejeon TG.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 under Article 62-2 of the Criminal Act is that there are two times criminal records of fines due to driving of drinking alcohol, and the distance of driving is also not shorter.

The fact that the defendant is recognized as committing a crime and is seriously against the defendant is a favorable situation.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.