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

On December 26, 2014, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million with a fine at the Daejeon District Court on September 17, 2015 due to a violation of the Road Traffic Act, at the Daejeon District Court on September 17, 2015.

The Defendant driven BM car under the influence of alcohol with approximately 0.097% alcohol concentration from the adjacent parking lot of the trade name in Seo-gu, Seo-gu, Daejeon on December 27, 2016 at around 22:30 on December 27, 2016 to the roads prior to the construction of the Dong-dong in the same Gu.

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. Statement of the situation report on the driving in the main place;

1. Application of the Acts and subordinate statutes written in the investigation report (the same criminal record and attachment of a summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration in the blood of this case, criminal records, etc. are considered.