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

[criminal history] On April 24, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch Branch on April 24, 2007, a summary order of KRW 2 million for the same crime from the Gwangju District Court’s Branch Branch on June 18, 2009, and a summary order of KRW 5 million for the same crime from the Gwangju District Court’s Branch on March 18, 2013, respectively.

[Criminal facts] On December 24, 2017, the Defendant driven B, under the influence of alcohol content of 0.082%, at approximately 90 meters, while under the influence of alcohol at approximately 0.082%, the Defendant driven B, from the front day of the resistant middle school located in the Busan East-gu Hot Spring Port to the front day of the “day-studio” store located in the same city-gu dong-gu dong-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (C).

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 (Article 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act shall take into account the favorable circumstances as seen below

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances in which the defendant, who had been punished three times due to drinking driving, once again commits the instant crime: The decision of the sentence that there is no record of punishment exceeding the fine due to drinking driving: the above circumstances and the defendant's age, sex, career, home environment, motive and means of the instant crime, circumstances after the crime, etc. are considered to be the conditions for sentencing as shown in the arguments of this case.