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 April 18, 2007, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and KRW 6 million as a fine in the same court on May 26, 2016.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (drinking) as above, Defendant 2 driven a B-Who-Woo-Woo-Woo-Woo-Woo-Woo-ro, Busan on September 6, 2017, around 18:50, in the vicinity of the main apartment located in 121, a 110-ro, Busan on September 6, 2017, in the vicinity of the main apartment, in the vicinity of the Gangseo-gu, Busan on the 121-Woo-ro, and in the vicinity of the Gangseo-gu, Busan on the 5km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, investigation reports, and statements in the circumstances of the driver at the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a report on the results of the investigation before the previous convictions of the disposition, and the application of the 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(1) of the Criminal Act is that the defendant had been punished three times by a fine due to drinking driving, and that the defendant concealed the vehicle in front of driving under the influence of drinking and the traffic danger is realized, etc. are 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.