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

[criminal history] The Defendant is a person who has been sentenced to a suspended sentence of two years in August 2014 and was sentenced to a suspended sentence of two or more times in the case of a violation of road traffic laws in the Gyeyang Branch of the Jung-gu District Court on December 9, 2013, and was sentenced to a fine of 1.5 million won in the case of a violation of road traffic laws (drinking), and on December 11, 2014, the Defendant was sentenced to a suspended sentence of two years in the case of a violation of road traffic laws.

[Criminal facts] On September 30, 2017, the Defendant driven a CSM 3 car at approximately 100 meters section to the front of the 299-7 front road in front of a mutual influoral cafeteria located in the city of Busan, under the influence of alcohol content of 0.160 percent in the blood around 23:15, the Defendant driven a vehicle of about 100 meters in front of the same 299-7.

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 inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant had been sentenced to a fine on three occasions due to drinking driving, etc., or a punishment for suspension of the execution of imprisonment with prison labor, but he was also driving at once, and there was an accident where he was tried to avoid an influence during driving while driving under drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

d.e.g.