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

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

Punishment of the crime

On July 14, 2008, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic laws at the Gunsan Branch of the Jeonju District Court on July 14, 2008. On September 25, 2013, the Defendant received a summary order of two million won or more due to a violation of road traffic laws (driving under drinking) at the Gunsan Branch of the Jeonju District Court.

On October 14, 2016, at around 22:46, the Defendant driven a B B B B-type car in the state of alcohol alcohol concentration of about 500 meters from the front of a mutually influent restaurant located in the Southern East-si to the front of the machinery announcement in the same Dong from around 500 meters to the road in the same Dong.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol not less than twice and was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written request for blood appraisal and a written request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. The defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, is under drinking, and the nature of the crime is not weak, and in particular, driving of alcohol is a large accident by driving under the condition that the ability to exercise caution and physical exercise is significantly deteriorated, and thus, is highly likely to cause serious harm to unspecified people. However, although there are circumstances unfavorable to the defendant, the defendant recognizes and reflects his/her mistake, there is no record of being punished exceeding the fine due to the same crime, and all other circumstances constituting the condition of sentencing, such as the defendant's age, sexual behavior, environment, etc., the sentence is determined as per the order.