A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 4, 2008, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic laws in the Jeonju District Court's Gunsan Branch, and on March 19, 2014, the Defendant received a summary order of four million won or more due to a violation of road traffic laws (driving) in the same court.

Nevertheless, on November 1, 2016, at around 02:45, the Defendant driven a Dap car under the influence of alcohol concentration of about 0.171% in the section of approximately 7km from the 7km to the road near the front line of the front line of the car dedicated to the front line of the front line, which is located in the Dondo-Sindo-si Transport Do-si, Chungcheongnamdo-si.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol more than twice by a person who violates the prohibition of driving in drinking condition.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (a confirmation report on the fact that he/she has been punished due to drinking twice or more of a suspect);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant, who has been subject to punishment twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, has repeated driving of alcohol, and the nature of the offense is not weak, and in particular, driving of alcohol is deemed to be a large accident while under the influence of considerable influence and physical exercise ability, and thus, is highly likely to cause serious harm to unspecified persons. However, there are circumstances unfavorable to the Defendant, such as the fact that the Defendant recognized the Defendant’s mistake and reflects it, there is no record of being punished exceeding the fine due to the same kind of crime, and other conditions of sentencing, such as the Defendant’s age, sexual behavior, and environment.