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 December 12, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 3.5 million as a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court on July 19, 201, and on January 6, 2012, the Defendant was sentenced to a fine of KRW 2 million by the Seoul Western District Court on January 6, 2012.

On August 31, 2016, around 22:25, the Defendant driven Cirst car under the influence of alcohol content of about 0.097% at the 1km section at the entrance road of the Yellow Sea located in Sinpo City 385, Sinpo City.

As a result, the Defendant driven a motor vehicle under the influence of alcohol even though he was punished not less than twice due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and making an inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order and attachment of judgment) and statutes;

1. Relevant Acts of crime, Articles 148-2 (1) 1 and 44 (2) 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 execution of a sentence shall be suspended in consideration of the fact that probation, community service order, or order to attend lecture, has no criminal records exceeding the fine for the reason of sentencing under Article 62-2 of the Criminal Act, support the wife and children, and reflect their mistakes, but since there are many criminal records of the same kind and the possibility of recidivism, probation, community service, and compliance driving lecture shall be ordered.