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

Punishment of the crime

[criminal history] On May 7, 2001, the defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on April 1, 2004, the defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act (dacting driving). On July 1, 201, the defendant was sentenced to a suspended sentence of 3 million won for a crime of violating the Road Traffic Act (dacting driving), and on July 1, 2014, the defendant was sentenced to a summary order of 3 million won for a crime of violating the Road Traffic Act at the Busan

[Criminal facts] On September 21, 2015, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.121% from the 5km section from the roads in front of a mutually influent restaurant located in Pannam-si, Yangsan-si to the roads in front of the ri-gu, So-gu, So-Eup, a water district in the same city.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The actual investigation report on traffic accidents;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. The punishment provided for in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;