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 September 30, 2009, the Defendant is a person who driven alcohol at least twice by receiving a summary order of KRW 700,000,000 as a fine for a crime of violating road traffic law in the military support of the Jeonju District Court on September 30, 200, and a fine of KRW 4 million in the same court on January 20, 2014, respectively.

[2] On October 15, 2016, the Defendant driven a B rocketing car at the section of about 2 km from the front of a mutual influent restaurant located in the Dong-dong in Jeollabuk-si, Jeollabuk-do, Jeollabuk-do to the front of the Dong-dong road located in the same city-dong in the same city-dong while under the influence of alcohol content of 0.229% during blood around 22:52 on October 15, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (a copy of judgment);

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;