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 9, 200, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, etc. on May 21, 2009, a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act from the same support on May 21, 200, and on March 29, 201, this court issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and on September 21, 201, issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act in the same court on September 21, 201.

At around 23:10 on October 17, 2014, the Defendant driven BM5 car under the influence of alcohol 0.097% in the 2km section from the packing horse in Samsung-si to the front of the building stones in the same 2km-si, Yangyang-si, Yangyang-si.

Accordingly, the defendant was punished for a violation of the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (former records and reports attached to judgments), previous records of disposition and confirmation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has a record of being punished four times or more due to drunk driving, etc., the defendant's perception of his criminal act and is against depth, and the punishment exceeding the fine has been imposed.