The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 25, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the Daejeon District Court's branch on August 25, 201, and on November 19, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law. On November 19, 2008, the above court was notified of a summary order of a fine of 1.5 million won for the same crime and was punished for a violation of road traffic law only once

Although the Defendant was punished twice or more due to drinking driving as above, on May 19, 2016, he again driven B rocketing car under the influence of alcohol content of about 0.196% from the front side of the Cheongwon apartment shop in Simsan-si, Simsan-si to the front side of the Simar art gallery located in the same Dong from May 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished for drinking alcohol on several occasions (which had the history of probation) and again committed the instant crime, the Defendant’s blood content was considerably high at the time of the instant case, the recognition of the Defendant’s blood content, crime and reflects it, the Defendant’s crime did not cause up to traffic accidents, and other circumstances shown in the instant trial, including the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by taking into account all the circumstances shown in the instant trial.