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 January 8, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving). On October 31, 2013, the Defendant was subject to a summary order of KRW 3 million due to the same crime on October 31, 2013. On July 5, 2016, the Defendant was driving a B-hurd vehicle under the influence of alcohol concentration of approximately 150 meters from the upper franck road located in the Gu, Simsi-dong to the franck-dong parking lot of approximately 0.083% under the influence of alcohol concentration of approximately 150 meters.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Photographs, such as a suspect's body, weight and balm;

1. Investigation report (related to the official application of the Ba mark by a suspect's statement);

1. Previous records of judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes for investigation reports (verification twice the history of sound driving);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act, including the punishment already imposed twice due to the driving of drinking alcohol, has a lot of criminal records.

Among them, there is a history of causing a traffic accident while driving under influence.

Nevertheless, it is also running under the influence of drinking.

Other vehicles parked have been parked.

However, the sentencing conditions shown in the argument of this case, such as the confession of crime, the driving of drinking alcohol does not have any criminal record exceeding the fine, and the age, character, character, environment, family relationship, etc. of the defendant, shall be comprehensively considered and sentenced as the disposition.