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 August 12, 2005, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on August 12, 2005. On May 18, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Busan District Court Branch Branch Branch of the Busan District Court on May 18, 2009. On December 14, 201, the Defendant was sentenced to a suspended sentence of KRW 4 months for a crime of violating the Road Traffic Act.

A person who violated Article 44(1) of the Road Traffic Act more than twice as above and drives a motor vehicle with B low alcohol leveling from around October 23:30, 2015 to around 300 meters away from the road near the alleyheading in the Southern-dong of Busan to the front road of the Dong National Bank.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Considering the fact that the defendant committed the instant crime even though he/she had the same criminal record at several times, strict punishment against the defendant is required for the reason of sentencing under Article 62-2 of the Criminal Act.

However, the defendant's mistake is divided, the defendant is also sentenced to the suspension of the execution of imprisonment with prison labor and the order of education and the order of community service together, and the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered.