A defendant shall be punished by imprisonment for six 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 June 30, 2008, the Defendant received a fine of two million won from the Changwon District Court for the crime of the Road Traffic Act (driving) and a fine of two million won for the crime of the violation of the Road Traffic Act (driving) from the Changwon District Court on December 5, 201.

On August 19, 2016, at around 05:35, the Defendant driven a motor vehicle in B, under the influence of alcohol level of about 0.103%, at the section of about 8km from the front of the horse race track located in the branch of Gangseo-gu Busan Metropolitan City to the front of the water source located in the Jinwon-dong, Jinwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of references to criminal records and criminal records-related Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the defendant, in addition to the past who was sentenced to a fine due to the crime of violation of the Road Traffic Act, etc. as stated in the judgment of the court below, even though he had been punished for the same crime three times more, and again commits the crime of this case. The blood alcohol concentration level at the time of the driving of this case reaches the level of revocation

However, the sentence like the order shall be imposed in consideration of the favorable reasons for sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., which are favorable to the defendant, such as the fact that the defendant does not drive a drinking again again in the future, and that the defendant has no record of punishment heavier than a suspended sentence, and other conditions for sentencing under Article 51