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

[criminal history] On January 3, 2014, the Defendant was punished by a fine of five million won due to a violation of road traffic law in the support of the Daejeon District Court Seosan, etc. on September 27, 2013, a fine of three million won due to a violation of road traffic law (driving) in the same court on September 27, 2013, and a fine of one million won due to a violation of road traffic law (driving under drinking), in the same court on February 4, 2009, respectively.

[2] On April 23, 2016, Defendant 1, who was punished for drinking two or more times as above, driven B Lone Star Cornex under the influence of alcohol concentration of about 0.117% from the 200-4 meters away from the road of Mexico Kinkin in Incheon, to the road of 392-4, at the same time, on April 23, 2016, when he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal record and report as the suspect) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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, the order to attend a lecture, and the order to provide community service order, should be strictly punished in that the defendant committed the instant crime even though he/she had a record of being punished several times for the

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant is against the mistake, the blood alcohol concentration (0.117%) at the time of driving, and the age, sex, environment, criminal records, criminal records, and the circumstances after the crime.