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 March 24, 2009, the Defendant was sentenced to a fine of 500,000 won for a violation of road traffic law at the Daejeon District Court on March 24, 2009, and was sentenced to a fine of 2.5 million won by the same court on November 10, 209.

On June 30, 2016, the Defendant driven a B SP car with approximately 500m alcohol content of about 0.126% in blood alcohol content at the front of a restaurant in which the trade name in the Seo-gu, Seo-gu, Daejeon is unknown, Seo-gu, Seo-gu, Daejeon from around the street of the same cafeteria to the four-year distance in the same Gu.

Accordingly, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. An explanatory note;

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

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: Application of the Acts and subordinate statutes of inquiry, inquiry report (report accompanied by a copy of summary order of the same kind of power);

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The records of this case and public trial, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. under Article 62-2 of the Criminal Act, including the fact that the defendant is under the time of and against the crime of this case, the defendant has no criminal records exceeding the fine, the defendant has no criminal records since November 2009, and the defendant has no criminal records again, and the defendant has the record of being punished twice as a fine due to the same crime, under the favorable circumstances for the defendant.