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 March 26, 2007, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on March 26, 2007, and on June 13, 2007, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act (drinking driving) at the same court on June 13, 2007. On December 2, 2013, the Changwon District Court issued a summary order of 5 million won by a fine for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on December 2, 2013, and on October 8, 2014, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act

On October 21, 2017, while under the influence of alcohol level of 0.065% among the blood transfusion around 19:10, the Defendant driven a sports car in Bcoon from the 857-16th of the east-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements on the occurrence of traffic accidents and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (to be bound with the summary order, etc. of drinking driving power), two copies of summary order, and two copies of the judgment and two copies of the judgment;

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. Even though the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend lectures had a history of punishment for the same crime (4 times of punishment and two times of suspended sentence of imprisonment), it is not easy that the crime of this case was committed in other cases.

However, the fact that the defendant reflects his mistake and does not repeat the crime, that the alcohol concentration in the blood is relatively low at the time of drinking, and the defendant's other person.