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 October 23, 2006, the Defendant was issued a summary order of 2.5 million won by a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on April 16, 2014, the same court issued a summary order of 4 million won by a fine for a crime of violating the Road Traffic Act.

On September 5, 2017, around 00:40, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol 0.150% from the 2km section to the front road of the sports park located in the Gangseo-gu Busan Metropolitan City, from the Do adjacent to the restaurant located in the Busan Metropolitan City, which is located in the Dong of Busan Metropolitan City, to the front road of the sports park located in the Gangseo-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 suspended execution;

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is also subject to a four-time fine for traffic crimes, and the Defendant’s decision to punish the Defendant considering the fact that the instant crime was committed and the blood alcohol concentration is very high. However, the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime is considered as favorable circumstances, and the execution of the sentence is suspended only once, taking into account various sentencing conditions indicated in the instant argument, such as the Defendant’s age, sexual behavior, environment, motive, means, and consequence of the instant crime.