A defendant shall be punished by imprisonment for not more than ten 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 February 23, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on February 23, 2009, and a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on April 11, 2016.

Although the Defendant had been punished as a crime of violating the Road Traffic Act at least twice as above, on July 26, 2017, at around 00:15, the Defendant driven BS-type car under the influence of alcohol content of about 0.207% from the 3.3km to the front of a good funeral hall located in 586 as the name of the Busan Northern-gu, Busan, in that it was from July 26, 2017 the CGV chemicalization in 16, to the front of a good funeral hall in 586 as the name of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order [referring to an unfavorable circumstance] / [Article 62-2 of the Criminal Act / [Article 62-2 of the Road Traffic Act / The crime of this case was committed at the same time despite the fact that there was a record of punishment several times due to the violation of Road Traffic Act, the fact that the amount of alcohol concentration in blood during the crime of this case is high / [ favorable circumstances] recognized and reflected in the crime of this case / The social relation seems to be relatively clear, and other factors indicated in the arguments and records of this case, such as the defendant's age, sexual behavior, environment, motive and background leading to the crime of