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.

Criminal facts

On December 12, 2007, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on December 12, 2007, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court's Busan District Court's Branch Branch on October 23, 2008.

On November 23, 2015, the Defendant, who was punished twice or more due to a violation of the Road Traffic Act (drinking) and driven a B-e-mail car under the influence of alcohol level 0.086% of alcohol level 0.086% from the 5km section of approximately 5km to the front of the restaurant, the name of the company located in the Jung-gu, Busan Metropolitan City, Seoyang-gu, Busan Metropolitan City, where it is impossible to know the name of the company located in the Dong-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of judgment);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be imposed by selecting a prison term of imprisonment at this time taking into account the defendant's history of driving alcohol, etc. (in addition to the drinking driving power as indicated in the judgment, three times a person has been punished for driving without permission, and one time a suspended sentence shall be sentenced), and the punishment shall be determined as ordered in consideration of the degree of alcohol during blood, the background leading up to driving alcohol, the distance and place of driving alcohol, the defendant's age, sexual behavior, environment, circumstances after the crime