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

The defendant is a driver of the vehicle B with low-speed car.

On November 1, 2007, the defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Busan District Court on November 1, 2007, and on March 2, 2010, the same court issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act.

Nevertheless, under the influence of alcohol content of 0.115% on Jun. 28, 2018, the Defendant driven approximately 280 meters on the road front of the liven city in the Nam-gu, Busan, Seo-gu, Busan, with the influence of alcohol content of 0.115% on blood, as the above-mentioned road in front of the liven city in the same region.

Accordingly, the Defendant, even though he had a driving force of drinking more than twice, was driving a motor vehicle under the influence of alcohol again as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), and the report on the driving of drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report (Attachment to a summary order) on the result of confirmation of the previous conviction before and after the disposition;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is relatively heavy for the defendant to take the main sentence of sentencing, and the defendant has five times the same criminal records as the defendant, including one time of suspended sentence.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, and the criminal records of the same kind are closed in 2010.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions in the trial process of this case.