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

On July 27, 2009, the Defendant was issued a summary order of a fine of 700,000 won for a crime of violating road traffic laws at the Jung-gu District Court, and on May 7, 2015, the Defendant was punished on two or more occasions for a crime of violating road traffic laws (driving of alcohol) by having been sentenced to a fine of one million won for the same crime from the Daejeon District Court's astronomical Branch on May 7, 2015.

On April 24, 2016, the Defendant driven B K7 motor vehicles under the influence of alcohol with approximately 0.102% of alcohol concentration in the blood, from the front side of the Heungdong apartment located in the Republic of Korea in the Namyang-si, Namyang-si, Masan-si to the front side of the same Si-dong-dong, 1.5km-ro, 972.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving and the circumstances of the driver who is placed in the main place;

1. Previous conviction: Application of the Acts and subordinate statutes for inquiry and investigation, such as criminal history;

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. 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 Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

However, the sentencing conditions shown in pleadings, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., are taken into consideration and against the defendant's mistake, there is no record of punishment exceeding the fine due to the same kind of crime, and the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the arguments.