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

[criminal history] On September 20, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Suwon District Court on September 201, the Defendant was sentenced to a suspended sentence of two years. On October 31, 2008, the Defendant was issued a summary order of KRW 4 million with the same crime at the Gwangju District Court on October 31, 2008, and was driving under drinking in violation of Article 44(1) of the Road Traffic Act twice.

[Criminal facts] On April 8, 2017, the Defendant driven a passenger car with low alcohol content of 0.096% in blood around 23:45, while under the influence of alcohol, and operated a car with low alcohol content of 0.096% in front of the same Gu on the roads of Aju Apartment apartment 8, an Aju apartment in the Gwangju Mine-gu, which is located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions: Application of inquiry, inquiry, report on investigation (Attachment to the judgment attached to the same type of crime) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance such as the suspension of sentence of imprisonment for the same kind of crime, the fact that there has been a history of punishment several times of fines: Confession, reflectivity, and the fact that the volume of this case drinking is relatively high, and that a subsequent re-offending is not made: A sentence imposed on the defendant's age, family relation, details of the crime, etc.: A sentence of imprisonment for eight months, a suspended sentence of two years, and a protective observation order shall be determined as per the disposition; and