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

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

Punishment of the crime

On December 7, 2001, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1,500,000,000,000 as a crime of violating the Road Traffic Act (drinking) at the same court on April 21, 2008, a fine of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (drinking) at the Busan District Court on April 27, 2009.

On May 5, 2017, the Defendant driven BM5 car under the influence of alcohol content of about 0.196% in the direction of approximately 8 kilometers from the parking lot in front of the lake site, which is located in the window dong of Changwon-si, Changwon-si, to the front road of the Simsan-gu, Simsan-gu, Simsan-gu.

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

The application of the Act and subordinate statutes to refer to inquiries, such as the defendant's legal statement of the driver's oral statement, criminal history, etc. (the report of the previous conviction).

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

2. Article 53 or 55 (1) 3 of the Criminal Act to mitigate the amount of a small-scale driver's license (see, e.g., Supreme Court Decision 53 or 55 (1) (1)

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. An order to attend a course under Article 62-2 of the Criminal Act;