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 February 12, 2005, the Defendant issued a summary order of KRW 1.5 million to the 35th common military court of the Army, which is a fine for a violation of road traffic laws (driving), the summary order of KRW 1.5 million from the Jeonju District Court on December 6, 2006 to the same crime, and the summary order of KRW 2.5 million from the same court on May 2, 2007 to a fine for a violation of road traffic laws (driving), and the summary order of KRW 3 million from the same court on April 21, 2010 to a fine for a violation of road traffic laws (driving), respectively.

On April 30, 2016, at around 23:05, the Defendant driven BM7 vehicles under the influence of alcohol level of about 0.163% from the 2km section to the optician distance in the same city-based city, from the front of the restaurant in the remote-si, Kim Jong-si to the front of the same city-based optician distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a suspect in violation of traffic laws on roads (driving a drinking), (the sequence 1 of evidence list);

1. Report on the use of a drinking gauge, report on the circumstances of a drinking driver, report on the results of regulating the driving of drinking, and report on the circumstances of driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and a copy of the judgment);

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;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the defendant: The driving of alcohol and four times before and after drinking, the degree of principal practice is very serious - circumstances favorable to the defendant - The circumstances favorable to the defendant shall be supported by the serious reflectivity, absence of a criminal record of suspended execution or more, and a view that the state of health is not good; and the comprehensive conditions for sentencing under Article 51