A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 13, 2013, the Defendant was issued a summary order of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court's branch court's Busan District Court's Busan District Court's branch court's summary order on May 27, 2014, and a fine of four million won for a violation of the Road Traffic Act (driving).

On July 26, 2016, at around 01:30, the Defendant driven a CNS car at a level of 100 meters up to the front road of the “Cousususus” located in the same road as the “Coususususus market” in the Kim Sea-si, Kimhae-si, while under the influence of alcohol with a blood alcohol content of 0.21%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the results of the drinking driving control, and inquiry into the results of the drinking driving control (applicable with the mark);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (reports accompanied by a copy of summary order);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to a fine due to the crime of violating the Road Traffic Act as stated in the facts constituting the crime in the judgment below. The Defendant was sentenced to a suspended sentence for six months due to obstruction of performance of official duties, etc., and the Defendant did not commit the crime in this case even though he was sentenced to a suspended sentence for two years due to obstruction of

However, there are favorable reasons for sentencing, such as the fact that the defendant is going not to drive under the influence of alcohol again in the future, the traffic accident caused by the driving under the influence of alcohol in this case, the fact that the defendant has not been punished for the same kind of crime, the fact that the defendant is pregnant and is waiting to give birth, and the age of the defendant.