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 September 10, 2012, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the credit support of the Suwon District Court on September 10, 2012, and on November 16, 2012, the Defendant was sentenced to a suspended sentence of KRW 2 years for October, and on May 20, 2013, a fine of KRW 9 million for a violation of the Road Traffic Act (driving) from the same support to the same support.

On January 10, 2015, at around 03:08, the Defendant driven a motor vehicle of 20km at the 20km section of B from the front of the members refect cafeteria, which is located in the opposite Do of Sung-nam-si, in the direction of alcohol concentration of 0.076%.

Accordingly, the defendant, who was subject to criminal punishment not less than twice due to drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, the results of crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry reports and investigation reports (a summary order of the same kind of suspect's power and attachment of copies of written judgments) including criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures has not yet passed since the defendant passed the period of probation due to drinking driving, etc., and even if he had the record of being punished by a fine due to drinking driving during the period of probation, he/she again leads to the crime of this case, it shall be punished by a strict punishment.

However, the punishment was determined in consideration of the sentencing grounds prescribed in Article 51 of the Criminal Act, such as the confession and reflect of the defendant's crime, and the fact that the defendant has no same record other than the second drinking driving force.