A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On April 6, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving), etc. at the Changwon District Court on April 13, 2007; on April 13, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving), and on May 2, 2008, the Defendant was sentenced to a suspended sentence of KRW 4 months for a violation of the Road Traffic Act (driving). On March 6, 2015, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwonwon District Court Branch Branch on March 6, 2015.

[2] On October 24, 2017, the Defendant driven a BN city car under the influence of alcohol leveling of about 0.100% from around 6km-gu, Changwon-si, Changwon-si to the coast of 367, Changwon-si, Changwon-si, Changwon-si, the Defendant driven a BV city car at around 0.10% under the influence of alcohol leveling from around 6km-si to the coast of 367.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Investigation report (report on the situation of the driver in charge) and report on the detection of the driver in charge;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (Attachment of criminal records and written judgments of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

There are five times the records of punishment as a crime of violating the Road Traffic Act, including the punishment of suspension of execution.