A defendant shall be punished by imprisonment for not less than eight 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 1, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on October 1, 2008, and a fine of KRW 5 million for the same crime at the same court on August 29, 2014.

On March 12, 2018, at around 05:57, the Defendant driven B Poter in the state of alcohol concentration of about 0.108% from a section of approximately 1km to the front of the church, which is located in the 86-ro, Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan.

Accordingly, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment to a copy of the previous judgment), and copy of the judgment, 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(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Republic of Korea is that the Defendant again committed the instant crime even though the Defendant had a history of criminal punishment for driving without a license for drinking alcohol, such as the fact that the numerical value of drinking of the instant case is not low, and that the Defendant was aware of the instant crime, and that the Defendant has a deep variety of errors, and that there is no record of criminal punishment beyond the fine, consideration shall be given in full view of the favorable circumstances such as the fact that the Defendant has committed the instant crime, and that there is no record of criminal punishment beyond the fine.