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 power] On December 17, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) and a summary order of one million won for the same crime in the same court on February 4, 2008. On July 14, 2008, the defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the same court.

【Criminal Facts】

On May 13, 2015, at around 04:33, the Defendant driven the B-wing-III cargo vehicle with approximately 5km alcohol concentration of 0.117% from the front Do to the front road of the village entrance into the same city, from the Do in which the Defendant was under the influence of alcohol level of 0.117%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., the defendant has a record of being punished several times for the same kind of crime, and the degree of blood alcohol and alcohol is not low, disadvantageous circumstances such as the defendant's time to commit his/her crime, and reflects his/her behavior, and the defendant is driving to make his/her drinking while drinking on his/her vehicle and working there before leaving the school.

The punishment shall be determined as per the order, in consideration of the favorable circumstances such as the fact that it has reached the control, and the age, family environment and dependents of the defendant, circumstances after the crime, etc.