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 February 14, 201, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on February 14, 201, and on April 19, 2012, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

[Criminal facts] On May 20, 2017, the Defendant driven B K3 automobiles under the influence of alcohol level of about 0.149% at a section of approximately 200 meters and at the same time at the front road of the recycling center located in Jindong-gu, Jindong-gu, Jindong-gu, Jinwon-si, Seoul, with approximately 00 meters of alcohol level.

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. Written appraisal of alcohol during blood;

1. Previous convictions in judgment: A criminal investigation report (formers and filing reports, such as judgments, etc.), references to inquiries, such as criminal history, shall apply to 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been subject to three times punishment due to driving of drinking, and immediately after committing the instant crime, he/she committed a disturbance by demanding the enforcement officer to collect blood.

However, the Defendant recognized the instant crime, and did not lead to an accident of drinking driving.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the records and arguments, such as drinking figures, the age of the accused, sexual conduct, environment, details of and motive for the crime, etc.