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 27, 2012, the defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Dong branch on March 27, 2012, and a summary order of 2.5 million won for the same crime in the Busan District Court on October 16, 2014, and was sentenced to a penalty of 2.5 million won for a violation of the Road Traffic Act (drinking driving)

Nevertheless, on December 22, 2016, around 22:27, the Defendant driven B SP car under the influence of alcohol content of about 0.189% from the 1km section to the road in front of the “WUIC oil station” located in the Busan-gun, Busan-gun, Busan-gun, to the front of the “WUIC oil station” located in Samsung-gun, Busan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver involved and response to a request for appraisal;

1. A previous conviction: Application of two copies of inquiries about criminal history, investigation reports (the confirmation that the person under consideration has been punished twice or more due to driving under influence of alcohol), and summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's main record of sentencing is not less light, and that the defendant can have the same criminal record.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.