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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 30, 2012, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 30, 2012. On April 2, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

Criminal facts

On December 14, 2016, the Defendant, who violated two or more times the prohibition on driving under the influence of alcohol, driven a C-ropon car at approximately 0.166% alcohol level in the 1km section from the vicinity of the Kuo-dong, Kuo-dong apartment to the 76th-ro, Kuo-dong, Kui-si, the Government-si, to the 76th-ro, Kuo-si, the Defendant driven a C-rop car level under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (formers and confirmations) and statutes, such as criminal history;

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. 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 suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The previous conviction of drinking alcohol is three times before and after the suspension of execution, and the latter one of them is higher than alcohol content in blood (0.16%) and favorable circumstances: reflectivity, the motive, distance (in the case of an acting driver but the designated driver was not a substitute driver, and the latter becomes a drinking driver was able to drive a drinking at about 1 km in order to go out of the open place) and the decision of sentence: Other factors such as the defendant's age, sexual behavior, environment, motive for the crime, circumstances after the crime, etc.