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 August 17, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) from the Jung-gu District Court Goyang branch on August 17, 2007, and a summary order of KRW 2 million for the same crime on March 16, 2015 from the same court.

A person who had been punished twice or more as a crime of violating the Road Traffic Act by driving a motor vehicle, etc. under the influence of alcohol as above, and driving D food motor vehicle under the influence of alcohol with approximately 0.182% alcohol concentration in the same Gu and around August 29, 2017, from the street in front of the mountain basin in the Seo-gu, Seoyang-gu, Busan Metropolitan City on August 29, 2017 in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and notification of the results of crackdown on driving under drinking;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of criminal records and criminal rulings of the same kind as the suspect), and application of relevant statutes;

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. 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 defendant's records of punishment for drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the background and distance of drinking driving, circumstances after crackdown, etc. shall be taken into consideration;