A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On August 28, 2007, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking) from the Changwon District Court through the Changwon District Court on August 28, 2007, and a fine of KRW 4 million for the same crime in the same court on April 4, 2014, respectively.

On June 8, 2016, the Defendant driven the Defendant, under the influence of alcohol leveling of about 0.128% from a 500-meter section of alcohol leveling from the front of the mutual influent convenience store located in the Goedong, Goedong, Goekdong, Goekdong, to the sea in the front of the lusular road, and from the front of the lusular road, the Defendant driven the Defendant, under the influence of alcohol leveling of about 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Notification of the results of crackdown on drinking;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood density, alcohol density and distance, the course and distance of the Defendant’s blood alcohol level, the records of punishment for the same kind of crime, and the Defendant’s age, sex behavior, environment, and circumstances after the crime, etc., are equally considered and the Defendant’s punishment is determined, and the community service order and the lecture order are added as a result of reflective and sexual reflection.