A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 28, 2010, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) from the Changwon District Court’s Tongwon District Court’s branch on April 28, 2010, and KRW 5 million as a crime of violating road traffic law (drinking driving) from the Changwon District Court’s branch branch on June 25, 2012.

Criminal facts

Although the Defendant had been punished twice or more as a violation of the Road Traffic Act (drinking driving), on November 6, 2016, under the influence of alcohol level of 0.186% during blood transfusion around 05:31 on November 6, 2016, the Defendant driven a 2 km section B k-5 car from the front day of the frequency of the large-scale forest located in the Busan Jin-gu, Busan, to the front day of the international white apartment located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

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

1. Inquiry into criminal records of alcohol alcohol during blood, and application of each summary order under statutes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's prior convictions and two times of a fine due to driving of the same kind of drinking alcohol, and the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., are considered, and the punishment is determined as ordered by the disposition on the grounds that the defendant is determined, taking into account the defendant's age, sexual behavior, environment, circumstances leading to the crime, and circumstances after the crime.