Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

On January 26, 2017, the Defendant driven C SP car at a section of about 20km from the south-gu of Busan to the new sub-road in the 1-dong of Gangseo-gu, Busan, while under the influence of alcohol content of 0.334% among blood transfusions on January 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. The reason for sentencing under Article 59 of the Act on the Protection and Observation of Community Service Orders, the proviso to Article 62-2(1), Article 62-2(2) of the Criminal Act, and the Observation, etc. of Protection, etc. was that the Defendant, at a very low level, was engaged in a long-distance driving that runs away from a serious state of alcohol concentration of 0.334% in blood, and in the process, there was an accident with other vehicles.

Before committing the instant crime, the Defendant, even before committing the instant crime, had been punished by a fine twice in 2005 and once in 2014, committed a crime of drinking alcohol driving.

In particular, the crime subject to punishment in 2014 is a long-distance driving in a serious state of alcohol that reaches 0.343% of alcohol content during blood at low, and is the same as the crime in this case and the form of action.

However, in light of the favorable circumstances, such as recognizing the defendant's mistake after committing the crime, and making efforts to cope with accidents, and taking into account all other factors of sentencing indicated in the arguments and records of this case, the suspension of execution shall be sentenced by taking into account the following factors: Provided, That in order to prevent recidivism, the defendant shall be ordered to observe the protection, provide community service, attend lectures of compliance driving, and impose special matters to prohibit drinking more than a certain amount of alcohol during the duration of the protection observation.