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

On May 16, 2015, at around 20:15, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of approximately 0.253% from the section of about 4km in the front of the restaurant where it is impossible to know the trade name in the new Sinsidong at the Sinsi-si, and from the front of the new Sin-si, the front of the 4km road to the road in front of the Sin-si, Myeonk-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, traffic accident report, detection report of a drinking driver, inquiry into the results of the crackdown on drinking driving, circumstantial statement of a drinking driver, and control manual;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. On March 15, 2015, the reason for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, Etc. was that the Defendant was subject to criminal punishment for a violation of the Road Traffic Act in 2003. On April 28, 2015, the order of summary order of KRW 3 million was issued in the Daejeon District Court’s official branch office, on the ground that he/she driven under the influence of alcohol level of 0.147%.

Nevertheless, when one month has not passed from the date of the issuance of the above summary order, the defendant was driving in the state of trouble and caused traffic accidents and increased the risk of road traffic.

Therefore, it is inevitable to select the imprisonment for the defendant.

The above circumstances and the defendant show a confession and reflect form, the disposal of vehicles, etc., and the fact that there is no record of criminal punishment heavier than that of the past suspended execution, and the defendant's age, occupation, background of the instant crime, and circumstances after the instant crime, etc.