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

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

Punishment of the crime

[criminal history] On September 15, 2006, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of road traffic law at the Suwon District Court’s branch on August 31, 2012. On December 5, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million due to a violation of road traffic law at the Changwon District Court’s branch branch. On December 5, 2013, the Defendant was sentenced to a fine of KRW 5 million with a penalty of KRW 5 million due to a violation of road traffic law (driving) at the Changwon District Court’s branch branch.

[Criminal facts] On August 28, 2017, the Defendant driven a 2 km B rocketing car from the front of the SK Haak Haak-Eup, Yacheon-si, 0.111% alcohol level, while under the influence of alcohol level of around 00:58, the Defendant driven a 0.11% of the alcohol level from the front of the SK Haak Haak-gu, Yacheon-si to the front of the third-lane road located at the border of the Yacheon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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. In full view of the favorable circumstances, such as the circumstance in which the defendant, who had been punished several times, including the same kind of crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime, and other favorable circumstances, such as the situation in which the defendant committed the instant crime, and there was no record of more severe punishment than the fine, the sentence like