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

Punishment of the crime

[criminal history] On May 7, 2004, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on May 7, 2004, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on May 9, 2008, and a person who was sentenced to imprisonment for 6 months and 2 years for a suspended sentence.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on October 24, 2015, he again driven CM5 cars while under the influence of alcohol of about 0.121% in the section of approximately 1km from the 1km to the road in front of the 24 ambling at a discount of about 0.121% in the middle-gu Seoul Special Metropolitan City, Daejeon Special Metropolitan City.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the detection of a primary driver and a statement in the circumstances;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes on investigation reports (report accompanied by the summary order of the same kind);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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 stay of execution (Consideration, partial circumstances of crimes, etc.);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;