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 November 23, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving) from the Gunsan Branch of the Jeonju District Court. On January 21, 2013, the Defendant received a summary order of KRW 3 million as a fine for a violation of road traffic law (driving) from the Gunsan Branch of the Jeonju District Court.

On April 2, 2017, around 04:55, the Defendant driven a CDI car at approximately 700 meters away from the 700-meter section in front of the mutual influent restaurant located in the Peacedong in the following cities to the roads front of the peace bridge in the same Dong, while under the influence of alcohol of about 0.157% during blood.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, is under drinking, and the nature of the crime is not weak, and in particular, driving of alcohol is a large accident by driving under the condition that the exercise ability of caution and body is significantly deteriorated, and thus, is highly likely to cause serious harm and injury to other unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant's mistake is recognized and contradictory, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined in accordance with the disposition.