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 1, 2006, the Defendant was issued a summary order of a fine of four million won due to a violation of road traffic law at the Changwon District Court on September 1, 2006, and on February 12, 2007, the same court was sentenced to imprisonment of six months, suspension of execution of two years, March 13, 2008 with the same crime, etc. at the same court on March 13, 2008, and five million won with the same crime at the same court on April 3, 2014, respectively.

On February 10, 2016, the Defendant, while under the influence of alcohol 0.131% during blood transfusions, driven a car at the section of about 10km in the section of about 2513 meters from the front of the Yongwon High School located at 77-ro, Gowon High School at Changwon-si, Jinwon-si, Jinwon-si, to the front road of the new port LPG station located at 2513, as the former Sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime under the same type of without a license even though he/she had been sentenced to a fine or a suspended sentence due to a crime of violating the Road Traffic Act, such as the criminal facts indicated in the judgment. The instant crime is committed under the same state of license. The amount of alcohol concentration at the time of driving alcohol of the instant case is very high as well as the traffic accident leading up to the foregoing vehicle.