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 record] On June 10, 2002, the Defendant issued a summary order of KRW 1.2 million for a crime of violation of the Road Traffic Act (driving) at the public support of the Daejeon District Court on the same day, and a summary order of KRW 2.5 million for the same crime from October 6, 2003 to the same support. On April 29, 201, the Defendant was sentenced to a fine of KRW 4 million for the same crime and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury on Dangerous Driving). From the same support on April 25, 2012, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for the same crime from the same support to the same day on January 4, 2013, respectively.

[Criminal Facts] On March 31, 2015, around 16:11, the Defendant driven the CM520 car under the influence of alcohol level 0.261% in a section of about 2 km from the front to the front parking lot of the new apartment complex 1 complex located in the same rithal area from the front side of the Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, details of the control, and notification of the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (the same kind of and similar records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc. lies in three times of a fine due to a violation of the Road Traffic Act, or two times of a fine due to a violation of the Road Traffic Act.

Nevertheless, the defendant is a potential for the safety of road traffic by driving while driving in the state of inflow.