A defendant shall be punished by imprisonment for not more than ten 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 August 20, 2009, the Defendant issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on August 20, 2009, and on February 15, 2011, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Busan District Court's Busan District Court.

Criminal facts

At around 23:40 on September 1, 2016, the Defendant driven a BM7 car from approximately 2 km to the front road of Samsung-ro located in the same Gun and 1333, from the front road of the “Cheong Vibration Sea State” located in the Cheong Vibration Sea Station in the Eup of the captain of the Busan-gun, Busan-gun, to the front road of the Samsung-ro located in the 1333 coast, while under the influence of alcohol concentration of 0.264%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture is heavy in light of the fact that the defendant, despite his previous convictions, again committed the instant crime, and that the blood alcohol concentration level is very high.

The punishment as ordered shall be determined by taking into consideration all the normal materials revealed in the trial process, such as the confession of the defendant, the fact that there is no criminal punishment after 2011, the attitude of the defendant at the time when driving alcohol is controlled, the age, occupation, family relationship, etc. of the defendant.