A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Busan District Court on April 15, 2010; on October 11, 2012, the same court received a summary order of KRW 5 million for the same crime; on July 20, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime from the Seo branch of the Busan District Court on July 28, 2017.

On May 29, 2017, the Defendant driven CS 3 car at an underground parking lot in the building B in Changwon-si, Changwon-si, with approximately 0.181% alcohol concentration in around 21:20 on May 29, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

On May 28, 2017, the Defendant driven CM3 motor vehicles at the 1km section from May 28, 2017 to the front of the tin road located in the Geum-gu, Geum-gu, Geum-gu, Geng-gu, Busan, under the influence of alcohol level of 0.098% in alcohol level among the blood transfusions around 22:55.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Previous convictions in judgment: References about criminal history, investigation reports (Attachment to the same type of force), reporting the results of previous convictions in the disposition, and reporting "2017 Heights 1933";

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of the circumstances of the driver at the main place of business: "2017 Highest 1944";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the State driver's circumstantial statement report and the next time inquiry report;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;