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 January 28, 2010, the Defendant was sentenced to a fine of two million won or more for a violation of road traffic law (driving), and was sentenced to a fine of four million won or more for a violation of road traffic law at the Incheon District Court on August 3, 2012, and was sentenced to a fine of four million won or more for a violation of road traffic law at the Changwon District Court on at least two occasions. On August 13, 2017, the Defendant again driven a motor vehicle under the influence of alcohol at least 16.1% of alcohol out of blood in the section from around 100 meters to the front day of the 179-ro 12-hon route of the head of Seocheon-gun, Seocheon-gun, Chungcheongnam-gu, the head of the Eup/Myeon-gun District Court around 179.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of two-yearly Acts and subordinate statutes to summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances leading to the instant crime, etc., the sentence as ordered shall be determined as set forth in the Disposition.

The ordinary circumstances that are disadvantageous: The normal circumstances that are likely to be criticized for committing a second time in 201, 2010, 2011, and 2012, which are favorable to the high risk of repeating a crime, despite the possibility of having been punished for driving under the influence of alcohol: the confession and reflect, the driving distance is relatively short, the family's livelihood needs to be supported.