A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2] On October 2, 2012, the Defendant was issued a summary order of KRW 3 million to a fine of KRW 1,00,000 by the Busan District Court for a crime of traffic law (driving alcohol), and on January 29, 2015, a fine of KRW 4,00,000 by the same court as the same crime.

[Criminal facts] On October 7, 2018, around 20:53, the Defendant driven a B-hand car with alcohol content of about 0.097% while under the influence of alcohol level from about 1km to the road located in the 20,000-dong-dong, Busan, Seodong-gu, Busan, to the roads located in the 20,000-gu, Busan.

As a result, even though the defendant was driven under the influence of alcohol not less than twice, he again driven the said car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of the report on detection of the driver at driving, the report on the circumstances of the driver at driving, the investigation report (the report on the circumstances of the driver at driving), and the control of drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including written orders and summary orders at a net time);

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) 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. The reason for sentencing under Article 62(1) of the Criminal Act is that driving a considerable distance of distance is disadvantageous even though it has a variety of records of drinking alcohol.

In addition, the attitude of recognizing the facts of crime and not driving drinking again seems to be against the will, taking into account the following circumstances, such as the background, means and methods of the crime of this case, the circumstances after the crime, the defendant's age, sexual conduct and environment, etc., and the conditions for sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, shall be determined as ordered.