A defendant shall be punished by imprisonment for not more than ten 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 April 17, 2009, the Defendant was sentenced to six months of imprisonment and one year of suspended execution due to a violation of road traffic laws at the Chuncheon District Court, and on August 27, 2013, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution.

On April 21, 2016, the Defendant started from the Defendant’s house located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, G, and driven a Cwn truck with approximately 100 meters of alcohol level 0.178% under the influence of alcohol level 0.178% during blood while under the influence of alcohol level 0.35%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include that the Defendant had a record of having been punished several times for the same kind of crime, and that the degree of drinking is serious in the instant crime.

On the other hand, the Defendant reflects the Defendant’s wrongness in depth, and some of the “previous convictions of drinking not less than twice” constituting the crime of violating the Road Traffic Act (drinking driving) is less likely to be considered in some aspects before the enforcement of the Road Traffic Act aggravated punishment.

The above circumstances, as well as the Defendant’s age, sex, environment, motive, means, and consequence leading to the instant crime, the circumstances after the instant crime, and the records and changes.