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 3, 2015, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on March 3, 2015, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on September 12, 2008.

On July 8, 2017, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.256% while under the influence of alcohol concentration of 0.256%, from the front of the Geumcheon-dong, Geumcheon-gu, Geumcheon-gu, Geumcheon-ro to the front of the GS convenience store located in 137 Doo-ro 137, Dong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

In addition to the violation of the Road Traffic Act, the defendant has already been punished several times due to drinking, non-licenseless driving, etc., and again commits the crime of this case, the fact that the amount of alcohol concentration in blood is highly high, and that there is no record of other crime except the violation of the Road Traffic Act.