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

In the Daegu District Court on July 31, 2007, the Defendant’s application of the Daegu District Court for the crime of violating road traffic laws (drinking driving), etc., is obvious that the previous conviction in the indictment is a clerical error.

On February 21, 2011, Busan District Court was sentenced to a fine of two million won for the same crime.

On November 6, 2017, around 23:15, the Defendant driven B K3 cars while under the influence of alcohol with 0.094% alcohol concentration in blood on the road near 101, 201, the 100-dong 2-dong, Busan Northern 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 of Article 62-2 of the Criminal Act on community service and order to attend lectures has been punished twice by a fine due to drinking driving, but again he/she went to commit the instant crime, 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, considering the following factors: (a) the defendant appears to reflect his/her gender; (b) the fact that the defendant has no criminal record other than the above two fines; and (c) the defendant's age, sex, environment, motive and means of the crime; and (d) the circumstances after the crime were committed.