A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 10, 2015, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on November 25, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime at the Jung-gu District Court on June 25, 2016, and the sentence became final and conclusive on December 3, 2016, and is still under the suspended sentence.

On November 19, 2016, the Defendant driven B Poter 2 while under the influence of alcohol with approximately 0.072% alcohol concentration from approximately 700 meters to the road in front of the Song-si, Eup, and the same Eup, in order to ensure that the Defendant driven B Poter 2 while under the influence of alcohol leveling from around 700 meters to the road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of violation of Road Traffic Act, the judgment of which was concluded on December 3, 2016, between the crimes of violation of the Road Traffic Act);

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act [the principle of equity in cases where a judgment is rendered simultaneously with a crime of violating Road Traffic Act, for which a final judgment has become final and conclusive] following concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order: Four times before and after drinking, whichever is the previous offense of probation (except for the crime of violating the Road Traffic Act (drinking). On the other hand, during the trial of the crime of violation of the Road Traffic Act (divated driving) in which the judgment has become final and conclusive, the circumstances favorable to the driving of the instant drinking, which are the same as the crime of violation of the Road Traffic Act (divated driving) in which the judgment has become final and conclusive: the consideration is taken into account.