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

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

Punishment of the crime

[criminal history] On December 21, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking) at the Cheongju District Court on December 21, 2007, and KRW 2 million as a fine in the same court on September 15, 2010.

[2] On April 4, 2017, the Defendant driven C vehicles at approximately 100 meters away from the restaurant in the Geumcheon-gu, Sinju to the front day of Kucheon-gu, Cheongju-si, in a state of alcohol with a alcohol content of 0.177% among blood transfusion around 22:41, 2017.

As a result, the Defendant was punished more than twice as a crime of violating the Road Traffic Act (drinking) and was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

The defendant's legal statement alcohol driving control results, previous records of his/her statement report: The application of the provision of a written inquiry, such as criminal history, and the provision of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order Act, was driving a drinking alcohol without a license five times even though his previous convictions had been five times or more.

However, in order to prevent recidivism, the execution of imprisonment is suspended in consideration of the sentencing conditions, such as the fact that the defendant reflects the mistake, the fact that there is no criminal record exceeding the fine, the defendant's age, sex behavior and environment, but the protection observation is ordered to prevent recidivism.