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

[criminal history] On May 23, 201, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving), and on August 31, 2015, for a crime of violating the Road Traffic Act (dacting driving), respectively.

[Criminal facts] On November 6, 2016, the Defendant driven B Abb-purged vehicle under the influence of alcohol with approximately 0.082% of alcohol concentration ( blood collection measurement value) in the two-lane section before the Seocho-gu Busan Metropolitan City bus terminal, Seo-gu, Busan Metropolitan City bus terminal up to the same road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes;

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 of the Criminal Act, the Defendant already committed a second offense without being aware of two times or more due to drinking driving, even though he had a record of punishment.

The above previous convictions are not only for the last five years but also for the last five years, but also for the second time after re-acquisition of the license revoked by the driving of the front line, and they also for the last three months.

However, the defendant is in profoundly against his wrongness, and is going not to repeat again.

The degree of state practice is not more severe, and it is found to be exposed to the drinking control while returning home or going to work after drinking in the previous Busan, and there are no circumstances that can be considered in the situation.

The previous criminal records were all punished by a fine, and there are no criminal records of suspension of execution or more.