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 22, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Young-gu District Court Young-gu District Court Young-gu branch on October 22, 2008. On August 10, 2011, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

Although the Defendant had been punished for committing a violation of the Road Traffic Act (drinking) on two occasions, on February 24, 2016, the Defendant driven a CKaren car under the influence of alcohol leveling 0.123% while under the influence of alcohol leveling from approximately 200 meters to the front road of the 200th apartment house in front of the same side on the home flusing road located north of Pyeongtaek-si, Pyeongtaek-si on February 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. All on-site photographs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 reasoning for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend shall be determined as ordered for the following reasons: The motive and background leading to a crime, the circumstances after a crime, criminal records, the age of the accused, sexual conduct, intelligence, environment, etc.;