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] On June 25, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws at the Changwon District Court on June 25, 2013. On October 21, 2014, in addition to the issuance of a summary order of a fine of five million won for a violation of road traffic laws, the Defendant was sentenced to a suspended sentence of one year. In addition to the issuance of a summary order of a fine of five million won for a violation of road traffic laws at the Seo branch of the Daegu District Court,

[Criminal facts] On January 6, 2018, around 05:30, the Defendant driven B rocketing car under the influence of alcohol leveling 0.153% of alcohol level during the 1km section from the top of the water wing line near the Busan Young-gu Bridge to the front of the elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order, etc. of the same type of crime);

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. 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. To determine the same sentence as the order in consideration of all the sentencing conditions, including the fact that community service and lecture attendance order reflects the reasons for sentencing under Article 62-2 of the Criminal Act, the records of the same crime, and the alcohol concentration in the blood during drinking at the time of driving.