A defendant shall be punished by imprisonment for six 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

[criminal history] On November 5, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on November 5, 201, and on November 24, 2008, the Defendant was sentenced to a fine of one million won in the same court as the same crime and violated Article 44(1) of the Road Traffic Act at least twice.

[2] On February 4, 2018, the Defendant was under the influence of alcohol level of 0.080% among the blood transfusion around 02:40 on February 4, 2018, the Defendant driven C vehicles at approximately 1 km from the main apartment complex of 140-ro 21 in Busan Northern-gu, Busan, to the entrance of the 1st tunnel in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place of business, investigation report and investigation report;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

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 fact that the reason for sentencing under Article 62-2(1) of the Criminal Act is the defendant's previous conviction, etc. who has been sentenced twice due to drinking driving, is disadvantageous to the defendant.

However, the sentence like the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects the fact that the defendant does not drive drinking again, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

It is so decided as per Disposition for the above reasons.