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

On November 16, 2010, the Defendant was issued a summary order of 2.5 million won by a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on December 8, 2014, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment with labor for a crime of violating the Road Traffic Act at the Busan District Court.

On May 7, 2017, while under the influence of alcohol content of 0.072% in blood around 21:05, the Defendant driven a vehicle with low alcohol level from the section of approximately 1 km to the roads in front of the river line located in the same Dong and Seopo-dong, Busan.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. In light of the reasoning for sentencing under Article 62-2 of the Social Service Order and the fact that the defendant was sentenced to four times of a fine for the same crime and two times of a suspended sentence, the defendant should be sentenced to strict punishment, and thus, the defendant should be sentenced to imprisonment. The defendant's health status is very poor, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are considered as follows: (a) the execution of the sentence shall be suspended only once, taking into account various sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, environment, motive and consequence of the crime; and (b)