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

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

Punishment of the crime

On February 9, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on February 21, 2007, a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's District Court's Busan District Court's District Court's Decision on January 25, 2013, which was sentenced to a fine of KRW 6 million as a crime of violating the Road Traffic Act (drinking driving).

On August 18, 2017, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.173% from a section of approximately 1km from August 18, 2017 to the roads in front of the international white apartment located in the same Gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (three-time drinking 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although there is a history of three times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the punishment as ordered is not less than that of the crime due to driving at the same time, even though there is no record of criminal punishment exceeding the fine, the fact that there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, circumstance leading to the crime, circumstances after the crime, etc. are considered comprehensively, and the sentence is determined as ordered.