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.

Punishment of the crime

On September 13, 2010, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 13, 2010, and on March 19, 2012, the Defendant was issued a summary order of 3 million won for a crime of violating the Road Traffic Act (driving).

Criminal facts

On December 28, 2016, around 05:06, the Defendant driven B A6 car under the influence of alcohol content of about 0.081% from a 50-meter section from the road front of the mutual infinite Do, Seo-gu, Seo-gu, 2016 to the road front of the 91-20th day of Seo-gu, Seo-gu, Seo-gu.

Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Measurement of drinking alcohol and field photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and rebuttal are made in favor of the fact that there are two times the criminal records of drinking driving: