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 October 2, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on April 25, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) and was sentenced to a fine of KRW 1.5 million in the same court.

[2] On April 1, 2017, around 03:25, the Defendant driven a B-A-di vehicle while under the influence of alcohol content of approximately 1.5km from the front of the road in the Dong-dong, Busan, for about 03:25 meters to the front of the 2nd tunnel road in the Man-gu, Busan, Chungcheongnam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act include two times the criminal records of criminal punishment due to driving of drinking, the Defendant committed the instant crime, and the fact that the alcohol content in blood reaches 0.163% is disadvantageous.

However, it is advantageous to the fact that the defendant recognizes his own crime and is against himself, and there is no record of criminal punishment heavier than the fine.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of this case and all the sentencing conditions shown in the previous theory shall be determined as ordered in consideration of the defendant's age, sex, environment, motive, means and result.