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.

Criminal facts

On July 18, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on May 9, 2013, the Defendant received a summary order of KRW 2 million as a fine for the same crime at the same court.

On June 20, 2017, the Defendant, while under the influence of alcohol content of 0.133% from blood transfusion around 23:12, 00%, driven B, from the entrance of the residential apartment of the Jeju-dong el (16), which was located on 342 Don-ro (342), from around 200 meters to the 366th Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong, to the front road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal history, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend a community service order and Order to attend a lecture, had been subject to two times or more due to drinking prior to the instant crime, was again under the influence of drinking prior to the instant crime.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is considerably high.

However, the distance of the defendant's driving is relatively short, and the defendant seems to reflect by recognizing the defendant's wrongness late, etc. shall be considered as favorable circumstances, and the suspension of execution shall be suspended by comprehensively taking into account all the reasons for sentencing specified in the arguments and records of the case.