A defendant shall be punished by imprisonment for not less than nine 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

【Criminal Records of Crimes】 On April 24, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a fine for a violation of road traffic laws at the Ulsan District Court on April 24, 200 and KRW 2 million as a fine for the same crime at the same court on May 14, 2008.

【The Defendant driven a BF rocketing car under the influence of alcohol content 0.214% at the section of approximately 1km from the day after the Seoul convalescent Hospital located in the Northern-dong in Yangsan-si to the intersection of about 15 minutes in the same Dong, around December 1, 2016.

After all, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the detection of a driver in charge of the primary driving, a report on the actual situation of the driver in charge of the primary driving, a survey report on actual condition, a field photograph, a response to a request for appraisal, or a report on the detection of a driver in charge

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures constitute three-way driving under the influence of alcohol. In addition, there are the records of punishment due to the violation of the Road Traffic Act or the violation of the Road Traffic Act (unlicensed driving), and the amount of alcohol concentration in the blood of this case is very high: Provided, That such punishment records are prior to the year 2009, and the Defendant reflects the wrongness, etc. shall be taken into account.