A defendant shall be punished by imprisonment for not more than ten 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 October 7, 200, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 9, 2001, a fine of 1.5 million won for a violation of the Road Traffic Act (driving), respectively. On April 12, 2002, the defendant was sentenced to a suspended sentence of two years for the same crime at the Daegu District Court on April 12, 2002. On January 3, 2003, the same court received a summary order of three million won for a violation of the Road Traffic Act (driving). On June 12, 2003, the defendant was sentenced to imprisonment with prison labor for the same crime at the same court on June 6, 200; on October 6, 2000; on October 3, 2005, the defendant was sentenced to a fine of one hundred and fifty thousand won for a violation of the Road Traffic Act (Seoul District Court on December 27, 2005).

【Criminal Facts】

On August 31, 2016, at approximately 06:30, the Defendant driven a B low-water car under the influence of alcohol concentration of about 0.061% in the 1km section from the third 3rd Domth Dom 114 to the front Dom Dom 114.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture has the history of punishment twice for drinking driving (including two times of actual punishment and one time of suspended execution).