A defendant shall be punished by imprisonment with prison labor for not more than ten 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 18, 2010, the Defendant had a record of being sentenced to a fine of KRW 3 million for a violation of road traffic law at the Jeonju District Court (dacting driving) and a person who received a summary order of KRW 5 million for the same offense in the same court on August 20, 2013.

[2] On September 30, 2015, the Defendant, while under the influence of alcohol of 0.209% during blood, driven Cunst motor vehicle at approximately 500 meters from the front door of the apartment mobilized in the three-dimensional ro of the previous North west-gun, Samnam-gun, Samnam-gun, to the front door of the 3rd 127 of the same Eup, from the front door of the apartment mobilized in the front door of the three-dimensional rop apartment in the same Eup.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of the disposition, and application of Acts and subordinate statutes to investigation reports (a summary order related to drinking driving);

1. Relevant legal provisions and Articles 142-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the previous convictions in the judgment, the Defendant was punished for a violation of the Road Traffic Act, such as drinking, driving without a license, etc., up to 14 times in total, and the previous convictions committed the instant crime in spite of two times the suspended sentence, and the previous convictions committed the instant crime in spite of two times the suspended sentence, and the degree of the principal offender of the instant crime is very high.

Therefore, it is necessary to strictly punish the defendant.

However, it is necessary for the defendant to not repeat a crime, such as scrapping of a vehicle, as he/she seriously reflects the error, and as a person with a disability of class III in delay.