A defendant shall be punished by imprisonment for six 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 October 2, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court on October 2, 2008, and five million won as a fine in the same court on April 28, 2016.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven B-man car under the influence of alcohol concentration of about 0.16% in the section of approximately 200 meters from the front of the restaurant in the Gangseo-gu Busan Metropolitan City, for about November 15, 2017, at around 22:16, the Defendant driven B-man car under the influence of alcohol concentration of about 0.16% from the 200 meters away from the 200-meter distance before the apartment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, who had been punished twice by a fine due to drinking driving, has again returned to the crime of this case, and it is difficult to achieve the purpose of punishment due to a fine.

Since the defendant is selected to be sentenced to imprisonment, the execution of the sentence shall be suspended only once taking into account the following factors: (a) the defendant appears to reflect his/her attitude; (b) the fact that there is no criminal record exceeding the fine; and (c) the defendant's age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime were committed.