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 July 24, 2009, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on July 24, 2009. On January 18, 2011, the Defendant was sentenced to a fine of 400 won for a violation of the Road Traffic Act.

On April 6, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice, driven a two-wheeled vehicle under the influence of 0.156% alcohol concentration in the section of about 2km from the front of the Busan Shipping Daegu B market to the front of the C apartment Ddong, on April 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the control of drinking driving, reports on the statement of the situation of drinking drivers, investigation reports, consent to and confirmation of blood collection, blood alcohol appraisal records, criminal history records, and criminal investigation reports (Binding of judgment of the same kind, etc.);

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. The punishment as ordered shall be determined in light of all the sentencing conditions, including the criminal records, blood alcohol concentration, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.