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

[criminal history] On November 19, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Dong branch of the Busan District Court, and a summary order of KRW 6 million for the same crime in the same court on June 19, 2014, respectively.

[Criminal facts] On March 25, 2018, around 21:51, the Defendant driven CMW car under the influence of alcohol content of about 0.115% at a 13km section from the Do near the Busan Gangseo-gu New Port located at the south-ro 372, Busan, to the west-gu river located at the bottom of the Busan Seo-gu, Busan, the lower court driven CM car under the influence of alcohol content of about 13km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place of business, investigation report, and investigation report;

1. Inquiries about the results of crackdown on the driving of drinking and making a next inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as a copy of the text of the judgment);

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. The reason for sentencing under Article 62-2(1) of the Criminal Act is the criminal record that the defendant was sentenced three times to a fine due to drinking alcohol driving, and the fact that the defendant was sentenced to a fine due to a crime during the period of probation, but the driving of a drinking alcohol is disadvantageous to the defendant.

However, the sentence like the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects the fact that the defendant does not drive drinking again, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

It is so decided as per Disposition for the above reasons.