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

[criminal power] On March 12, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's support on March 12, 201, and a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's support on December 30, 201, and violated Article 44 (1) of the Road Traffic Act not less than twice.

【Criminal Facts】

On July 13, 2015, around 16:27, the Defendant driven B vehicles under the influence of alcohol content of about 0.190% from the 3km section of approximately 3km to the nive threekm distance of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the oral statement of a drinking driver, and inquiry into the results of the drinking control;

1. Previous records: Application of criminal records, reply reports, investigation reports, and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had already been punished for drunk driving on several occasions, and the Defendant again driven under the influence of alcohol with high blood alcohol concentration.

It is doubtful whether or not the defendant has accepted and against the warning meaning of criminal punishment in the past.

Considering this point, it is necessary to strictly punish the defendant, but considering the fact that the defendant reflects the defendant, and that the defendant again does not drive under the influence of alcohol, the suspension of execution is to be sentenced only once.