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 October 10, 2007, the Defendant issued a summary order of a fine of one million won for a violation of road traffic law (drinking driving) in the Gwangju District Court's net support on October 10, 2007, and on December 12, 2008, the Defendant received a summary order of a fine of 2.5 million won for the same crime in the same court on December 12, 2008.

On September 28, 2017, the Defendant, while under the influence of alcohol 0.202% in light of the blood alcohol level around 20:18, driven a vehicle of approximately 500 meters in the section of C 124C, from the Do in front of the Do in order to the cream distance in the same side as the cream.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations twice, and once again drives a motor device under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. A previous record of judgment: A reply to inquiry, a copy of each summary order, and the application of each statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In full view of the criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, the degree of alcohol concentration of the defendant's blood at the time of driving of the instant case, the background leading up to the discovery of the instant crime, the progress after the instant crime, the family relationship of the defendant, and the fact that the defendant reflects the mistake, the sentence identical to the order shall be determined.

It is so decided as per Disposition for the above reasons.