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 power] On April 24, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and on May 4, 201, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on May 4, 201, and on July 4, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon Southern District Court’s Branch Branch.

【Criminal Facts】

Although the Defendant had had a history of drinking twice or more as above, on October 12, 2016, at around 22:45, the Defendant driven a B-cr cruise car with approximately 100 meters alcohol concentration of 0.092% from the 54th day from the 521st day of Seocheon-si, Busan to the 127th day from the 54th day from the 100th day of the same city to the 127th day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of a report on the situation of running a motor vehicle under the influence of alcohol;

1. Statement of the results of the drinking driving control;

1. Previous records of judgment: Criminal history records, investigation reports, copies of each summary order, and application of each Act or subordinate statute stated in each copy of each judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances that are favorable for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant seems to have led to the crime of this case and repent his mistake; the defendant has no record of punishment yet exceeded the fine: The defendant has already been punished due to drinking driving on several occasions, and the defendant has already committed the crime of this case without being aware of himself/herself, and the punishment is determined as ordered by taking account of the circumstances under Article 51 of the Criminal Act, such as the degree of the defendant's drinking at the time of driving of this case.