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 April 30, 2003, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Cheongju District Court, and on February 10, 2014, a summary order of KRW 4 million for the same crime was issued, respectively.

[Criminal Facts] On March 26, 2015, the Defendant driven a 49c obane in the state of alcohol alcohol level of approximately 200 meters at a section of approximately 0.237% of alcohol level from the front day of the modern hospital located in the Sinsi-dong, Sinsi-si to the front day of the old terminal cU convenience located in the same Sindong-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the drinking driving control, and a written statement of control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 and Articles 59 and 62 of the Act on Probation, etc. lies in a history of criminal punishment twice for the crime of violating the Road Traffic Act, and the defendant has been sentenced to suspended sentence of imprisonment for any other crime related to traffic.

Nevertheless, the defendant has been driving in a state where he can not drive properly the Oralba, and has increased the risk of traffic safety.

In light of the record of the crime and the nature of the crime of this case, it is inevitable to select imprisonment with prison labor for the defendant.

The above circumstances and the defendant show the appearance of confession and reflect, and the fact that the defendant does not drive drinking again.