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

On January 29, 2007, the Defendant received a summary order of KRW 1,50,000 for a fine of KRW 1,000 for a violation of the Road Traffic Act, on June 29, 201, in the same court on June 29, 201, a summary order of KRW 3,00,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act, and on April 3, 2013 for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on April 3, 2013, respectively.

As above, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol at least twice, was driving a gallon vehicle in the state of alcohol 0.194% while under the influence of alcohol at approximately five meters in the front of the road in Gangnam-si B around September 17, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Each site photograph of a traffic accident;

1. Previous records: Application of criminal records, etc. and investigation reports (report on confirmation before disposition, results of confirmation, and confirmation date of release) Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The execution of a sentence shall be suspended on condition that probation and community service work shall be performed for a certain period of time, taking into account the frequency and contents of the same kind of force for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, the cancellation of registration and illegal driving of a vehicle after the instant crime, the family environment and support relationship of the accused, the situation of the instant control, etc.