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 Power] On May 9, 2012, the Defendant was notified of a summary order of KRW 5 million for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on May 9, 2012, and the same criminal records are more than twice.

【Criminal Facts】

On April 26, 2015, at around 14:25, the Defendant driven a BM3 vehicle under the influence of alcohol level of about 30% from the section of the section of the Act on the Management of Land, etc. to the front day of the restaurant of the floating landing point located in the same Ri from the two-way parking lots near the Seo-gu, Seonam-gu, Seonam-gu, U.S. to the front day of the restaurant of the floating landing point.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Control note, report on the circumstantial statement of the driver, and report on the assignment of the driver; and

1. An accident site photograph;

1. A report on the occurrence of a traffic accident or a report on a traffic accident (1, 2, and a report on actual condition);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. have the history of criminal punishment of fines on three occasions due to driving under influence of alcohol and refusing to measure drinking.

Nevertheless, the Defendant driven in a full condition, thereby undermining road traffic safety, and actually causing minor traffic accidents.

Therefore, in light of the criminal records of the defendant and the nature of the crime of this case, it is inevitable to choose imprisonment with prison labor for the defendant.

The above circumstances and the defendant show a confession and reflect position, there is no record of criminal punishment heavier than that of the past suspended sentence, and the fact that the defendant does not drive under drinking again, and the age of the defendant;