A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 22, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Traffic Act at the Busan District Court on the road, and on August 27, 2015, the Defendant was issued a summary order of a fine of five million won for the same crime, etc. at the Busan District Court's Dong Branch Branch, the Defendant was a person who has a record of drinking alcohol driving on at least two occasions.

On March 31, 2017, around 23:59, the Defendant driven a BM5 car while under the influence of alcohol content of about 0.116% in the 7m section of the Busan subway No. 1, the Busan subway No. 1, the public parking lot located in the Busan East-dong, which is located in the Busan East-dong, with the alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although there was a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), the crime in this case was committed, and the liability for the crime in this case is against the law. However, there is no record of criminal punishment exceeding the fine for the same crime, the defendant's age, sex behavior, environment, background leading to the crime, circumstances after the crime, etc. are considered comprehensively, and the sentence is determined as ordered.