A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On September 2, 2009, the Defendant received a summary order of KRW 1 million from the Suwon District Court on September 2, 2009, and a summary order of KRW 3 million from the Suwon District Court on November 11, 2016 to the crimes of violating the Road Traffic Act (drinking).

Although the Defendant had had a power of driving under the influence of alcohol twice as above, he again driven a B B B B B Blue car with approximately 100 meters alcohol content 0.186% under the influence of alcohol on the side of the gravel market located in the Southern-gu Busan Metropolitan City from January 5, 2017 to the south-do fishing road located in the same Dong.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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. Consideration of protection and observation, and the fact that there exists a record of being sentenced to a fine twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the higher drinking value, the distance of driving under drinking is not driving, and the crime is divided; and