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 17, 2008, the Defendant was issued a summary order of a fine of one million won for a violation of road traffic law (driving alcohol) at the Gunsan Branch of the Jeonju District Court on December 17, 2008, and a fine of four million won for a violation of road traffic law (driving alcohol) at the same court on January 22, 2009. However, on April 12, 2018, the Defendant was under the influence of alcohol level of 0.104% during blood alcohol level at around 23:45, while he was under the influence of alcohol level of 0.104% at the same entrance of the Hanju District Court, from around 206, the apartment house at approximately 100 meters at the same entrance of the 206-dong unit to the parking lot for the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case, notification of the result of regulating drinking driving, report on the situation of the driver who takes the drinking, and investigation report (report on the situation of the driver who takes the drinking);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (the previous conviction of the suspect and attachment of the summary order) - Application of two copies of the 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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has three times the records of punishment for driving under drinking, the act of committing the instant crime again is disadvantageous circumstances, or it is more favorable that the Defendant repents the mistake.

In full view of these circumstances and the defendant's age, sex, environment, motive, means and result of the crime, the sentencing conditions as shown in the pleadings shall be determined as ordered.