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.

Criminal facts

On November 14, 2012, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the same court on June 26, 2013 to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act.

On March 5, 2017, the Defendant driven a B-wing vehicle at approximately 300 meters from the vicinity of the new franchisium in Busan Spung-dong to the front food in the same Dong while under the influence of alcohol content of 0.140% during blood transfusion around 15:45.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of three copies of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. 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 considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend, and Article 62-2(1) and (2) of the Act on the Observation, etc. of Protection and Order to Attend, even though the Defendant was punished twice due to drinking prior to the instant

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant was considerably high, and was exposed to locked in the vehicle, it seems that normal driving is difficult.

However, there is no record of punishment except for a long sentence of suspended sentence of imprisonment.

The suspension of execution is made taking into account these favorable circumstances.