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 January 17, 2011, the Defendant was issued a summary order of 1.5 million won by a fine at the Busan District Court for a crime of violation of the Road Traffic Act, and a summary order of 7 million won by a fine at the Changwon District Court on July 29, 2013 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act.

1. On August 14, 2017, at around 23:20, the Defendant driven a car with the highest alcohol concentration of about 2km from the Do near the Gangseo-gu Office of Gangseo-gu, Busan to the front road of the flow bridge located in the north-gu, Busan, Seopo-do, to a level of about 0.09% alcohol concentration in blood.

2. On May 26, 200: (a) around 00:5 on the same month, the Defendant driven a car with the highest alcohol level 0.131% alcohol level from around 23 km away from the Do near Maart, which was located on the Gyeong-gu, Kimhae-si, Busan, to the chip road located in the north-gu, Chungcheongnam-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture has been punished twice due to drinking, and even if the defendant was punished twice due to the instant crime, the defendant was selected to be sentenced to imprisonment because it is difficult to achieve the purpose of punishment due to a fine, and thus, the defendant appears to reflect on the criminal intent. Considering the favorable circumstances, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions shown in the arguments of the instant case, such as the circumstances after the crime.