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 June 16, 2015, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court for a crime of violating the Road Traffic Act, and KRW 2 million by the same court on June 3, 2016 for a crime of violating the Road Traffic Act.

On February 13, 2018, while under the influence of alcohol level of 0.176% among blood transfusion around 02:28, the Defendant driven BK5 vehicle around 1 kilometer to the front of the luminous river fee rate of the BK5 in the vicinity of the Dasan-dong located in Busan Seosan-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a statement report on the situation of the driver placed in the main place, investigation report (report on the situation of the driver placed in the main place), inquiry letter, criminal history, reporting on the undispositioned previous convictions

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. 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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant had been punished twice due to drinking, and again driven a drinking again.

The defendant shall be sentenced to imprisonment.

However, there is no criminal history exceeding a fine for the defendant, and the defendant is against the truth, and the defendant does not drive drinking again.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be determined by taking into account the various sentencing conditions specified in the trial process of this case as ordered.