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 May 7, 2007, the Defendant was sentenced to a summary order of KRW 2,500,000 as a crime of violation of the Road Traffic Act at the Seoul Southern District Court on May 7, 2007, and on March 25, 2009, the Defendant was sentenced to imprisonment for 4 months and 2 years of suspension of execution for a crime of violation of the Road Traffic Act. On April 5, 201, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspension of execution for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 20, 2016, at around 09:20, the Defendant driven B rocketing car with the blood alcohol concentration of about 0.103% from the 5km section from the front of the Go River-gu, Yancheon-si to the lower end of the same Sipo-gu to the lower end of the same Sipo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the report on the state of driving under the influence of alcohol and that of the control of drinking driving;

1. Previous records of judgment: Application of each Act or subordinate statute of criminal history records, inquiry reports, investigation reports (verification, etc. of the same criminal records of a suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The defendant led to the crime of this case and seems to have repented his mistake; the crime of this case occurred after he was returned to his home after drinking, and there are circumstances to take into account some of the circumstances: The defendant had already been punished for a crime related to drinking, but he was committed the crime of this case without any further deliberation, and the degree of his taking into account all the circumstances under Article 51 of the Criminal Act at the time of the operation of this case.