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 March 28, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for a violation of road traffic law at the Daegu District Court, and on November 5, 2008, the same court issued a summary order of a fine of 2.5 million won for the same crime. On November 29, 2016, the same court was sentenced to four months of imprisonment and two years of suspension of execution on December 7, 2016.

[2] On November 5, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as seen above, driven a B-to-purd vehicle with approximately KRW 700 meters alcohol content 0.109% under the influence of alcohol from the public parking lot in the Hanyang-gu, Seoyang-gu, Busan Metropolitan City, Seoyang-do, Seoul, to the front road in front of the gardening industry located in the 386-ro in the same city.

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 crackdown on drinking alcohol;

1. Previous convictions in judgment: Each one copy of a reply to inquiry, such as criminal history, each investigation report, indictment, copy of summary information of the case, and the application of the statutes governing the judgment, such as a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Reasons for sentencing under Article 62-2 of the Criminal Act - An order to attend a lecture - An unfavorable circumstance: The fact that the defendant, even though having been subject to punishment twice for the same kind of crime, has engaged in driving under drinking, or has caused a traffic accident (not instituting a public prosecution) and thus, the risk of driving under drinking is realized - An advantageous circumstance: The crime of this case is in a concurrent crime between the previous conviction, which was finalized on December 7, 2016, and the latter part of Article 37 of the Criminal Act, and the relationship between the crime of this case and the latter part of Article 37 of the Criminal Act should be considered at the same time with the above case, and is against the latter part of the crime.