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 July 12, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court, and on May 9, 201, the Defendant was sentenced to a suspended sentence of 2.5 million won or more for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on May 9, 201.

On March 8, 2016, the Defendant driven B Poter truck under the influence of alcohol content of about 0.202% in a section of about 500 meters from the Do in front of the “previous restaurant in front of the house” of 234, Changwon-si, Changwon-si, Seoul Special Metropolitan City, to the 147-year-old Do in front of the Do.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report on the driver of the main driver, a report on the detection of the main driver, a request for appraisal of alcohol concentration in the blood, a response to a request for appraisal, and an appraisal of alcohol in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning the report of investigation (determination of suspect drinking numerical value of property);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been punished for the same kind of crime once even though he/she was sentenced to a suspended sentence and a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, and the fact that the amount of alcohol content among the blood alcohol at the time of driving the instant crime is very high is the reason for sentencing disadvantageous to the Defendant.

However, there are favorable reasons for sentencing, such as that the defendant does not drive drinking again, that the defendant has no record of being punished for the same kind of crime within the nearest period of five years, and the age, sex, motive, means and result of the crime.