A defendant shall be punished by imprisonment 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 December 4, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Branch on December 4, 2008, and on April 4, 2013, the Defendant was sentenced to a suspended sentence of 2 years for 8 months for a crime of violating the Road Traffic Act (drinking driving) in the Sungnam branch support of Suwon Friwon.

On January 18, 2018, the Defendant driven B K7 vehicles under the influence of alcohol content of 0.112% in blood, with a distance of approximately KRW 100 meters from the upper dong Franchison to the front road 265 od. 17 and 100 meters from the upper dong Fluson-si, Bupyeong-si, Busan, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, notification of the results of crackdown on driving under drinking, and inquiry about the results of crackdown;

1. Making teas;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal history (report on the same type of suspect records);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service: The defendant needs to strictly punish such circumstances in light of the risk of driving alcohol; the defendant has twice the records of punishment for the same kind of crime; the defendant has been sentenced to suspension of execution by causing a traffic accident while driving a drinking once; the defendant does not know himself/herself; the defendant also drives the drinking of this case without being aware of it; the degree of alcohol level as 0.12% of the blood alcohol level as high as 0.12%: recognition of and reflects the fact that he/she did not cause a traffic accident due to the drinking of this case; the fact that the driver does not cause a traffic accident due to the drinking of this case; and the sentencing conditions indicated in the records and theories of changes, such as the motive and background of the crime, the means of the crime,