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

On December 6, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on December 6, 201, a fine of KRW 1.5 million for the same crime from the Jinwon District Court on December 19, 201, and a summary order of KRW 1.5 million for the same crime on May 18, 201, respectively.

However, on May 14, 2018, the Defendant driven CK5 cars at the section of about 100 meters from the Do located in the Gui-si, Jin-dong to the road located in Jin-dong 26-gil 11 of the same city, from May 14, 2018 to the Do in the Gui-si, Jin-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. A written appraisal of alcohol during blood;

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

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. The main sentence of Article 62 (1) of the Criminal Act;

1. 보호 관찰 및 사회봉사명령 형법 제 62조의 2 제 1 항 양형의 이유 음주 운전으로 두 차례 벌금형, 한 차례 징역형의 집행유예를 받은 전력이 있는데도 재범에 이른 점을 고려 하면 피고인의 책임이 가볍지 않으나, 오전에 술을 마시고 집에서 잠을 잔 뒤 늦은 밤에 운전을 한 것으로 어느 정도 술이 깼다고 판단했던 것으로 보이는 점, 위 집행유예 선고 이후 6년 동안은 동종 전과 없는 점( 다만 그 사이 소방 기본법 위반죄로 징역형의 집행유예를 선고 받았다), 잘못을 인정하고 반성하고 있는 점 등을 참작하여, 주문과 같이 형을...