A defendant shall be punished by imprisonment with prison labor 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.

Criminal facts

On April 14, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on November 19, 2014, the Defendant was sentenced to a fine of seven million won for a crime of violating the Road Traffic Act at the Busan District Court.

On July 14, 2017, the Defendant, while under the influence of alcohol content of 0.227% during blood transfusion around 05:35 on July 14, 2017, driven the B rocketing car at the section of about 10km from the Rool Apartment apartment parking lot located in Busan Spool-dong to the front road located in Seopo-dong, Busan.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Responses to requests for appraisal with the State;

1. Previous conviction: Application of a reply to inquiry, a copy of the judgment, such as criminal history, etc., two copies of the judgment, and one copy of the 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 extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend a community service order and an order to attend a lecture, had been subject to punishment four times prior to the instant crime, was driving again under the influence of drinking prior to the instant crime.

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant is very high, and the distance of the defendant's driving is the long distance.

However, the Defendant committed the instant crime while driving a motor vehicle after having returned to the Republic of Korea through a driving on behalf of the head of the agency and driving the motor vehicle on behalf of the head of the agency, and there was a conclusive intention to drive the motor vehicle.

The circumstances shall be considered in favor of the fact that it is difficult to view.