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 of the final judgment.

Punishment of the crime

[criminal power] On June 12, 2002, the defendant issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 12, 2005, a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on May 12, 2005, a summary order of 3 million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on January 4, 2007, and a summary order of 2 million won or more as a fine in the same court on April 4, 2007, respectively.

【Criminal Facts】

On April 18, 2014, at around 17:52, the Defendant, while drunk, driven Cone Star car from the educational village parking lot adjacent to the restaurant in Yansan-gu, Jeonju-si to the front road of the above restaurant, in a state of alcohol of 0.161% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a summary order issued on the same attached power unit) Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act include four times of drinking alcohol driving and one time of punishment for refusal of drinking alcohol measurement, and in view of the fact that the Defendant again committed the instant crime, the circumstances and the nature of the crime are not less than that of the Defendant, but the fact that the Defendant led to the instant crime, which is less than five meters, is relatively short of the distance that the Defendant moves to drinking driving, the sale of a vehicle owned by the Defendant on May 20, 2014, which would no longer drive under the influence of alcohol.