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

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

Punishment of the crime

On March 9, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on December 26, 201, the Defendant was issued a summary order of KRW 4 million for the same crime in the Jeonju District Court’s Military Mountain Branch.

On April 27, 2017, the Defendant driven a ballon with B gallon in a state of alcohol alcohol concentration of about 0.152% from a section of about 500 meters in front of a new city apartment located in the area of the Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, to the front day of the village in the same Dong, from around 500 meters ago.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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, a report on investigation (the confirmation of the past records of the same type of crime), and a copy of a summary order;

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. Although the criminal defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution, has repeated driving of alcohol, the nature of the crime is not weak, considering the fact that the criminal defendant recognizes his/her own mistake and reflects his/her mistake, and all other circumstances constituting the condition of sentencing, such as the criminal defendant's age, sex behavior and environment, the punishment shall be determined as per the order;