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.

Criminal facts

On February 26, 2007, the Defendant was sentenced to a suspended sentence of one year to a fine of 1.5 million won for a crime of violating road traffic laws at the Ulsan District Court on February 26, 2007, and a crime of violating road traffic laws at the Ulsan District Court on May 24, 2012.

Nevertheless, the Defendant, at around 14:02 on July 29, 2017, driven a motor vehicle under the influence of alcohol again under the influence of alcohol by a person who violated Article 44(1) of the Road Traffic Act two times or more in the direction of approximately 500 meters from the front side of the main hot spring in Ulsan-gun, Ulsan-do, U.S., U.S., to the suk-ri, the same side of which is located in the same side of the suk-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (a copy of the judgment of the same kind and report on attachment of related cases);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In addition to the records of the crime on the grounds of sentencing in Article 62-2 of the Criminal Act on the protection and observation and the order to attend lectures, the Defendant was sentenced to a fine in 2001 on the grounds of a violation of the Road Traffic Act (drinking), a violation of the Road Traffic Act (drinking), a violation of the Road Traffic Act, and a violation of the Road Traffic Act (dacting) in 2004, the Defendant was sentenced to a fine in 204, and the Defendant was sentenced to a 5th drinking. In particular, the degree of punishment immediately before the instant case was suspended of imprisonment, and the degree of punishment was a suspended sentence of imprisonment. However, it is equally taken into account the fact that the alcohol concentration in the instant blood transfusion