A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 7, 201, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 2 million for the same crime at the same court on April 9, 2014.

[Criminal facts] On August 24, 2018, the Defendant driven CFD car under the influence of alcohol concentration of 0.254% in blood, from the parking lot near the elementary school located in the Seocho-gu Busan Metropolitan City, Busan Metropolitan City to the front direction of the Dong-dong located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (two times);

1. Each police statement made to D or E;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. Article 62-2 of the Criminal Act; Article 44-2 of the Medical Care, Care, Custody, etc. Act (In light of the details of the instant crime and criminal records, etc., it is deemed that the Defendant was addicted to drinking or addicted to drinking and was driving the instant drinking, and the risk of recidivism exists in light of the criminal records of the instant crime, criminal records, etc., and need to receive outpatient treatment for drinking alcohol within society);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, for the reason of sentencing, once he/she had a high blood alcohol level despite the record of a crime of drinking alcohol, driving alcohol again is disadvantageous to him/her.

The defendant shows an attitude to recognize and reflect the fact of crime, and again he does not drive drinking.

The details, means and methods of the instant crime, the circumstances after the instant crime, and the defendant's seal.