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 record] On March 3, 2015, the Defendant is a person who has three times the same criminal records, such as receiving a summary order of a fine of five million won for a violation of road traffic law (driving) at the Cheongju District Court.

[2] On July 21, 2017, around 17:15, the Defendant driven B rocketing car volume at the section of about 7 km while under the influence of alcohol with approximately 0.158% of alcohol content from the day before the day of the day of the day of the day of the day of the cafeteria located in the Dong-gun of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the day of the 4,000,000 from the day of the day of the day of the cafeteria to the day of the 4,000,000.

Summary of Evidence

In the case of a defendant's legal statement traffic accident report, actual condition investigation report, circumstantial statement report of the driver at the scene of the accident, and previous conviction in the judgment of notification of the result of the control of drinking driving: The application of a written inquiry, such as criminal history, and a copy of the 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 reason for sentencing of Article 62-2 of the Criminal Act on taking lectures and community service order was that the Defendant had been punished for drinking or driving without a license four times, but the Defendant again committed a second offense, and the occurrence of a second offense was also caused by the accident.

However, the punishment shall be determined in consideration of the fact that the defendant reflects the wrong, the fact that there is no criminal record exceeding the fine, the age, sex, environment, etc. of the defendant.