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 November 5, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on April 7, 2008, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (drinking driving) at the same court on April 7, 2008, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act (drinking driving) at the same court on March 17, 2014.

On March 30, 2017, while under the influence of alcohol content of 0.092% among blood transfusions, the Defendant driven a car with approximately KRW 800 meters B from the first floor parking lot of the Sinwon-si, Changwon-si, the window of Changwon-si, to approximately 3-2, a 3-2nd road of Changwon-si, according to the window of Changwon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been sentenced to three times a fine due to drinking alcohol driving.

However, the defendant is against the defendant, and there is no past record of criminal punishment other than the above criminal records, and the driving of drinking did not lead to an accident.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records and arguments, such as drinking figures, the distance in which drinking is driven, the age, sex, environment, motive, means and result of the crime, and the circumstances after the crime.