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 July 24, 2012, the Defendant received a summary order of KRW 2 million as a fine for a crime of violating road traffic law (drinking) from the Changwon District Court's Jinju branch on July 24, 2012, and two million won as a fine in the same court on June 29, 2016.

On August 23, 2018, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.171% at the 1km section of the same military document, from the front of the “free space main point” located in the Sin-gun, Busan-gun, Busan-gun, Busan-gun, the Defendant driven B K5 cars under the influence of alcohol content of about 0.171% at the 1km section.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. An explanatory note;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into account the two preceding years and one time during the latest five years);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;