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] The defendant was punished on August 30, 207 by a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Support on August 30, 2007, and a fine of KRW 3 million for the same crime in the same court on September 8, 2009.

[ 범죄사실] 피고인은 2017. 10. 28. 05:14 경 목포시 백년대로 337번 길 비파아파트 앞 도로에서부터 같은 시 섶 나루 길 145, 서 전공업 사 앞 도로에 이르기까지 약 1km 구간에서 혈 중 알콜 농도 0.190% 의 술에 취한 상태로 B QM6 승용차량을 운전하였다.

As a result, the Defendant had been punished more than twice due to a violation of the Road Traffic Act (drinking driving), but has driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: References to inquiries, such as criminal history, and application of Part II Acts and subordinate statutes of the summary order;

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

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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, have a record of criminal punishment of fines on three occasions due to the same crime, and the degree of alcohol content in blood is 0.190% high, but the above criminal punishment records are relatively old, and the defendant led to confession and reflect of the instant crime, and all the reasons for sentencing indicated in the records, such as the above punishment records, shall be determined as ordered.