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 February 6, 2012, the Defendant received a summary order of KRW 5 million from the Daejeon District Court on February 6, 2012 to a fine of KRW 5 million due to a violation of road traffic law, and on March 23, 2015 to a fine of KRW 4 million due to a violation of road traffic law.

On March 18, 2017, the Defendant driven BM car from around 200 meters at the distance of 200 meters to the front road of the “Mapo-gu Mapo-dong” restaurant located in Daejeon Seosan-dong to “Mapo-gu Mapo-dong,” which is located in the same Gu, while under the influence of alcohol content of 0.096% during blood transfusion.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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. Application of Acts and subordinate statutes to an inquiry report and investigation report (a copy of the summary order of the same type of crime)

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. Taking into account the fact that an order to attend a lecture or an order to provide community service has a record of being punished twice by fines for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, it shall be strictly punished.

However, considering the fact that the defendant's mistake is divided, seriously reflects the defendant's mistake, and that the defendant does not repeat the crime, and that there is no criminal record of the suspension of execution or more, the punishment as ordered shall be determined by taking into account the defendant's age, sex, environment, etc., and all of the sentencing conditions shown in the arguments of this case.