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.

Criminal facts

【Criminal Records of Crimes】 On November 24, 2008, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Changwon District Court on the ground of a violation of road traffic law, and a fine of two hundred and five million won for the same crime at the Changwon District Court Msan Branch on June 27, 201.

【The Defendant, on September 20, 2017, was under the influence of alcohol 0.107% from a portion of approximately 500 meters in blood, and driven a B-G car in the state of under the influence of alcohol, from the front of Samsung Apartment, which was located in the Southern-gu, Ulsan-gu, Ulsan-gu, to the front of the “girst-gu,” located in the same Dong.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report;

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 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;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of the drinking alcohol and the order to attend a lecture are as follows: (a) the Defendant was sentenced to a fine for a violation of the Road Traffic Act in 2000 in addition to the criminal records indicated in the judgment; (b) the violation of the Road Traffic Act (refluence of drinking); and (c) the suspension of the execution of imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (refluence of Drinking) in 201; and (c) the same falls under the 5th in fact at the same time as the three-year driving of drinking; and (d) the amount of alcohol concentration in the blood of this case is not low; (c) the distance