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 March 13, 2010, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court on March 13, 2010 and KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the same court on August 5, 2014.

On November 18:07, 2016, the Defendant driven B rocketing car under the influence of alcohol with approximately 1 kilometer from the frontway near the public middle school in Masan-dong, Ansan-si to the shooting distance intersection at the end of the same Gu-dong store in the front of the same Gu-dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, report on the circumstances of driving a drinking, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (previous convictions in the same case), investigation report (verification of the date of crime), and statutes;

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

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant again committed the instant crime even though he/she had been sentenced to a fine due to a violation of road traffic laws, etc., as stated in the facts constituting the instant crime; and (b) the fact that he/she was in the state of being driving at the time of driving of the instant drinking alcohol, leaving the vehicle on the road, and

However, the defendant does not repeat the same kind of crime again, the traffic accident at the time of driving the drinking of this case does not occur, and the defendant does not have the power above.