A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws in the Changwon District Court’s Tong-gu branch on August 7, 2009, and on December 6, 2012, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating road traffic laws in the same court on December 6, 2012, and was sentenced to a fine of KRW 7 million for a crime of violating road traffic laws.

[Criminal facts] On November 6, 2017, the Defendant driven C M& car under the influence of alcohol content of approximately 0.126% at the section of about 150 meters from the front of the Arts and Culture Center located in the Dopo-si, Dopo-si, Gyeongnam-si to the front road of the G-si apartment site located in the Dopo-si, Dopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. A report on investigation;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. There are a large number of records of driving under drinking alcohol for the reason of sentencing in Article 62-2 of the Criminal Act, and in particular, there have been already received a prior notice of suspended sentence due to drinking driving.

However, considering the fact that the defendant all of the crimes in this case is recognized, the error is divided, and the driving distance of the main recommendation cannot be considered as a long range of driving, the execution of imprisonment is suspended, but the order to attend education is ordered to be protected and observed in consideration of the fact that the defendant has many kinds of and records of crimes in order to block the possibility of re-offending of drinking, etc.