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

[criminal history] On December 30, 2008, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on December 30, 2008, and a fine of four million won for the same crime in the same court on July 1, 2013, respectively.

[2] The Defendant 1 driven B K5 cars at a distance of about 200 meters from the 200 meters to the front road of the sight store located in the Dong and Dong-dong, under the influence of alcohol leveling of 0.074% from the blood alcohol level on January 15, 2017, even though the Defendant 2 had twice the power of driving under the influence of alcohol as above, and at the same time, he driven B K5 cars at a distance of about 200 meters to the street near the flood store located in the Dong-dong.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures: It seems that there is a lack of awareness of compliance driving due to the fact that the majority of punishment had been imposed due to drinking or non-licenseing, including the previous conviction in the judgment, is needed.

The favorable circumstances: Recognizing and opposing crimes.

Personal injury was not caused.

In addition, all the sentencing conditions specified in the pleadings of this case, such as drinking figures, distance of movement, age, sex, environment, family relationship, and circumstances after the crime, etc., shall be determined the same as the order.