A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 22, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on July 22, 2010. On January 28, 2016, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court's Maritime Branch of the Gwangju District Court.

【Criminal Facts】

On September 19, 2016, the Defendant: (a) while under the influence of alcohol of 0.114% of blood alcohol concentration on a 21:55, and (b) from the stock line that became located in 27 Yando-ri, Yando-ri, Yando-ri, Yando-ri, Yando-ri, Yando-do-do-ri, Yando-do-ro, Yando-do-do-do-ro, YG-do-do-ro

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of each driving, notification on the results of the drinking control, and inquiry into the results of the drinking control;

1. DAUM guidance (the coast guard box that became the coast guard station);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant was punished two times or more, and that the Defendant inflicted injury on another person due to drinking driving.

Nevertheless, the defendant should be punished strictly, but a suspended sentence shall be imposed only once in consideration of all the factors of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.