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

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

Punishment of the crime

[criminal record] On October 13, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on October 13, 201; on October 10, 2012, the same court issued a summary order of KRW 2 million for the same crime; on January 8, 2013, the same court issued a summary order of KRW 1 million for the same crime; on April 11, 2013, the same court issued a summary order of KRW 5 million for the same crime; and on April 17, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime.

[2] On October 20, 2017, Defendant 1, who violated Article 44(1) of the Road Traffic Act more than twice as seen above, driven a B Track car while under the influence of alcohol content of about 0.110% from the section of about 3km to the road near the Mac-si in the military, Sinsan-si, Sinsan-si transportation road around 00:50 on October 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 (it shall be taken into consideration that there have been a number of crimes of the same kind, for which three years have elapsed since the date of the last drinking control, there has been no damage caused by an accident, there has been no serious record of crime, and that there is no serious reflect in depth;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;