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 power] On May 28, 2010, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act in the Gwangju Maritime Court's support on May 28, 2010, and a fine of two million won as a crime of violation of the Road Traffic Act in the Gwangju Maritime District Court's support on May 23, 2014, and was punished twice or more under Article 44 (1) of the Road Traffic Act.

【Criminal Facts】

At around 09:30 on July 18, 2015, the Defendant operated B vehicles with a blood alcohol content of about 10km from the upper mix of Mari-ri to the front mar of the same margic marg in the city of 10km from the front of the mountain marg of the Sinnam-gun in the Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Investigation report (with regard to the details of the receipt of the report, on-site conditions, etc.);

1. Previous records: Application of criminal records, reply reports, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had already been punished for drunk driving, and the Defendant again driven under the influence of alcohol without any low blood alcohol concentration.

It is doubtful whether or not the defendant has accepted and against the warning meaning of criminal punishment in the past.

Considering these points, it is necessary to strictly punish the defendant, but the sentence of suspension of execution is to be imposed only once considering the reflection of the defendant.