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 June 16, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court, and on November 19, 2013, the Defendant received a summary order of five million won for a crime of violating the Road Traffic Act at the Changwon District Court on November 19, 2013.

피고인은 2017. 10. 22. 21:00 경 김해시 삼계동 장척 뽈 찜 앞에서부터 김해시 흥동 동아 그린아파트 앞까지 약 3km 상당의 거리에서 혈 중 알코올 농도 0.058% 의 술에 취한 상태로 B 마 세라 티 과 트로포 르 테 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

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. 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 reasons for sentencing under Article 62-2 of the Criminal Act are that the Defendant had the history of serving four times punishment due to driving of drinking, and the instant crime is again committed, and the case is not easy.

However, in consideration of the fact that the defendant is against the crime of this case, drinking volume, and other criminal defendant's age, sex behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc., the punishment like the order shall be sentenced.