A defendant shall be punished by imprisonment for not more than ten 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 17, 2006, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic laws at the Jeonju District Court on November 17, 2006, and on May 10, 2007, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a crime of violation of road traffic laws (driving), etc. on more than two occasions by the same court.

Nevertheless, on November 15, 2016, the Defendant driven B truck under the influence of alcohol content of approximately 0.193% from a portion of approximately 1.5km to the roads in front of the mutual influence of the trade name and influence of the North, Do, Do, Chungcheongnam-do to the roads in front of the Taeyang church, the Defendant driven B truck under the influence of alcohol content of about 18 km from the front of the trade influence of the North, Do.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol by a person who has violated the prohibition of driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, reporting on the circumstances of driving on drinking, and response to requests for appraisal;

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, and an investigation report (verification report on the history of punishment for driving a suspect under drinking);

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;

1. The defendant, who has been subject to punishment twice due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, is under the influence of drinking, and the nature of the crime is not weak. In particular, driving of drinking is a large accident by driving while under the influence of considerable influence and physical exercise ability, and the risk may cause large harm and harm to other unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant's mistake is recognized and contradictory, and the defendant's age, sexual behavior, environment, etc. are considered, and all other circumstances constituting the conditions for sentencing such as the defendant's age, character, environment, etc. shall be determined as per the order.