1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 11, 2004, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking in drinking), a fine of one million won for the same crime in the same court on March 2, 2010, a fine of two million won for the same crime in the same court on May 18, 2011, and a fine of eight million won for the same crime in the same court on March 24, 2014, and seven million won for the same crime at the Busan District Court on July 29, 2014, respectively.

2. On April 11, 2018, the Defendant driven a B-car under the influence of alcohol content of about 0.118% in blood, and 1km from the day front of the day of the crime in the Dong-gu, Busan to the day front of the criminal elementary school located in the same network volume as that of the same network, from the day before the day of the crime in the Dong-gu, Busan to the day front of the criminal church located in the same network.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Report on the circumstances of driving under which the defendant has made a legal statement;

2. The records of the offense;

(a) a response to inquiries;

(b)The application of Acts and subordinate statutes of the report of concurrently conducting inspections (attached to summary orders);

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, although the defendant had been punished for drinking driving five times during the period from 2004 to 2014, he/she again drives a motor vehicle while under the influence of alcohol level of 0.118% during deep night, the nature of the crime and criminal circumstances are not good, and the drinking volume is considerably high enough to exceed the revocation standard of driver's license.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

However, the defendant himself.