A defendant shall be punished by imprisonment for not less than eight 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 March 3, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch branch. On January 15, 2014, the Defendant was issued a summary order of KRW 2 million as a fine at the Busan District Court's same crime.

On October 22, 2016, the Defendant was under the influence of alcohol of 0.093% of blood alcohol concentration at around 22:00, the Defendant driven B-crin car at a section of about 5km from the street in front of the Samchoco apartment located in Busan Northern-dong to the lower street in front of the Yadong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (applicable to the same type of criminal records and attachment of the same Act);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. Although there was a record of criminal punishment three times due to the probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the crime of this case was committed at the same time, and there was a record of criminal punishment two times due to non-licensed driving, non-licensed driving, etc., one time, two times, two times, two times, two times, one time, one time, and one time, one vehicle, etc., other than the aforementioned penal power, and the same record of criminal punishment is recognized, the drinking alcohol level is less than 0.1% more than a fine after March 2005, and there is no record of criminal punishment exceeding a fine exceeding 0.1%, by comprehensively taking into account the defendant's age, character and behavior, environment, circumstances leading to the crime, circumstances after the crime, etc.