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.

Criminal facts

On July 24, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Branch on July 24, 2015, and a fine of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on July 14, 2017, respectively.

Although the Defendant had been punished for drinking two or more times, on January 7, 2018, the Defendant driven Crocketing car at approximately 5km from the front of the Defendant’s residence located in Changwon Mapo-gu B while under the influence of alcohol concentration of 0.070% during blood, to the front of the Defendant’s residence in Changwon Mapo-gu B, Changwon Mapo-ro, one-way fishery 1-way to the front of the 285 Mapo-ro tourist hotel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to be placed in driving, investigation report (report on the circumstances of the driver who is placed in driving in driving), and notification of the results of regulating

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (A), and Acts and subordinate statutes (verification of drinking records, etc. on at least two occasions by a suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend a lecture has the record of being punished for a violation of the Road Traffic Act or a violation of the Road Traffic Act on three occasions.

Among them, the defendant was punished for both the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving) at the same time in 2017, but has not been crypted and has not been crypted for about six months.