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 November 1, 2007, the Defendant received a fine of three million won due to a violation of road traffic law (drinking) from the Changwon District Court’s branch office, and on December 31, 2014, a summary order of two million won for the same crime at the Busan District Court’s Busan District Court.

On June 3, 2018, the Defendant driven an EM5 vehicle under the influence of alcohol concentration of 0.122% from the 100-meter section prior to the “C” main road in SM20, which is located in D apartment, to the front of D apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: References to inquiries, such as inquiries about criminal history, (A), and application of Acts and subordinate statutes of investigation reports (prior convictions prior to drinking);

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 (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has a record of being sentenced to a fine several times due to drinking driving, and other factors such as sentencing prescribed by Article 51 of the Criminal Act, such as the age, etc. of the accused, shall be determined like the order.