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 April 17, 2014, the Defendant was issued a summary order of a fine of six million won due to a crime of violating the Road Traffic Act at the Daejeon District Court on April 17, 201, and on August 10, 2017, the Defendant violated the provisions on prohibition of drinking, such as the issuance of a summary order of two million won or more for the same crime by the same court.

Nevertheless, on November 24, 2017, around 23:50, the Defendant driven a B-car under the influence of alcohol content 0.177% while under the influence of alcohol on the front of a new shot school located in 1556, as it was under the 1556 Seo-gu Taeduk-gu Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order) and 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. 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 consideration shall be repeated for the reasons for sentencing):

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, even though having been subject to two times of punishment due to driving under drinking, once again drives under drinking; and (b) in particular, since the issuance of a summary order due to driving under drinking on August 10, 2017, repeated driving of drinking under the instant case, there is room for strict punishment for the Defendant.

However, the punishment shall be determined as ordered by considering the fact that there is no less punishment than a fine for the same crime, the fact that the defendant is against the defendant, and the accident of this case does not cause any damage to human life.