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 became final and conclusive.

Punishment of the crime

[criminal history] On December 31, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on May 13, 2014.

[2] On June 17, 2017, around 06:15, the Defendant driven a wing-pon truck with approximately 30 meters alcohol content 0.217% under the influence of alcohol at around the 30-meter section from the original half-dong, Busan-dong to the front road of the Busan East-dong Hospital.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol by a person who has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although there was a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), the liability for the crime of this case is not weak, but against the fact that the crime of this case is recognized and contradictory, there is no record of criminal punishment exceeding the fine, and other factors, such as the defendant's age, sex, behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as the same as the order.