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

On January 10, 201, the Defendant was sentenced to a summary order of KRW 5 million by the Changwon District Court for a violation of the Road Traffic Act, etc., and on October 26, 201, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment for a violation of the Road Traffic Act at the Busan District Court on October 26, 201.

On February 7, 2017, while under the influence of alcohol level of 0.188% among the blood transfusions around 21:38, the Defendant driven a car B in the middle of about 300 meters from the corner of the village in the same Dong located in Gangseo-gu Busan Dong, Gangseo-gu, Busan.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and interval between the past and the past criminal records) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;