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 June 27, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 7 million for the same crime at the Changwon District Court on February 29, 2016, respectively.

On January 3, 2018, around 00:26, the Defendant driven a Bsch Rexton motor vehicle with approximately 100 meters alcohol concentration at approximately 0.116% while under the influence of alcohol from around 100 meters from around 100 meters to the front road of the 109 World Cup as stated in the same Gu’s 109 World Cup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. The fact that an order to provide community service or attend lectures has been punished twice due to the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, and that the blood alcohol concentration is high is disadvantageous to the defendant.

However, the sentencing conditions specified in the trial process of this case, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., shall be comprehensively considered in light of the fact that the defendant recognized the crime of this case and reflects his mistake, the fact that there is no record of punishment exceeding the fine, and the circumstances after the crime.