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

[2017 Highest 506] On August 21, 2014, the Defendant was sentenced to a fine of KRW 1,500,000 to a crime of violating Road Traffic Act (drinking) at the Daejeon District Court on August 21, 2014, and was indicted for a crime of violating Road Traffic Act (drinking) at the Jung-gu District Court on January 4, 2017.

Although the Defendant had been punished for the same kind of crime more than twice as above, the Defendant driven a B observer car under the influence of alcohol leveling to approximately 0.077% from the upper 1km to the convenience store in the same location, around January 26, 2017, in the direction of alcohol leveling from around 01:25 to around 910 of the Seo-gu Seo-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City.

[2017 Highest 764] On December 23, 2016, the Defendant driven B observer car at a section of about 500 meters from the parking lot of the 2nd 2nd Yon-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front day of the 97-11th Gaon-ro, Seoyang-gu, Seoyang-gu, U.S. under the influence of alcohol leveling 0.145% in alcohol level among blood transfusions.

Summary of Evidence

[2017 Highest 506]

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and a criminal investigation report (Attachment to a copy, etc. of a summary order);

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on the results of regulating the driving of drinking and the situation of the driver;

1. Relevant legal provisions of the Act and Articles 148-2(1)1, 44(1) (the drinking of alcohol on January 26, 2017) of the Road Traffic Act concerning criminal facts; Articles 148-2(2)2, and 44(1) (the drinking of alcohol on December 23, 2016) of the Road Traffic Act; and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

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, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the second drinking from 202 to 3, and the fourth drinking due to each of the instant crimes.

The nature of the crime is bad in light of the fact that the drinking is driven in one month.