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 October 2, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon, and on July 8, 2014, the above court issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving).

[2] Although Defendant 1 was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, Defendant 2 driven C rocketing car under the influence of alcohol concentration of approximately 0.056% from the front of the captain of the old Pyeong-dong Sea Water in the old-si on April 8, 2017 to the front of the same day from the front of the same day, even though he was punished as a crime of violating the Road Traffic Act (drinking).

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on driving a driver and inquiry about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of previous convictions and facts of violation of the traffic laws of the same kind and attach sentences to judgments of the suspect A) and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture has already been punished six times (five times a punishment, five times a suspended sentence, one time a suspended sentence) due to drinking driving, and the Defendant repeatedly committed the instant crime. The circumstances after the crime are not good, such as discovering a police officer who is under the control of drinking in the street and leaving a vehicle in the nearby airter, and escape, etc., and driving under the influence of drinking brings a danger not only to the driver himself but also to another person’s life and body, and thus, there is a need for strict punishment.

However, the defendant reflects his mistake in depth, and the drinking value is relatively low, etc., considering the favorable circumstances, and the age and age of the defendant.