A defendant shall be punished by imprisonment for not less than one year and six months.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 12, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law at the Changwon District Court for eight months, and on January 6, 2012, the Defendant was sentenced to a summary order of five million won or more due to the same crime, etc. at the Busan District Court’s Dong Branch Branch, which was sentenced to a fine of five million won or more.

On March 3, 2017, around 22:14, the Defendant driven D Poter Cargo Vehicles with approximately 70 meters alcohol concentration 0.088% while under the influence of alcohol from around 70 meters from the 4-dong area in Busan Metropolitan City to the front side of the same Tri-dong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Records of the judgment: References to inquiries, such as criminal history, (A) and the application of the investigation report (former and previous Acts and subordinate statutes);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, has a majority of the punishment records due to driving of alcohol and driving without a license, including criminal records, including the observation of protection and order to provide community service and order to attend a lecture, and the punishment as ordered is determined by taking account of the following factors: (a) the Defendant’s violation of the crime; (b) the Defendant did not have any penalty records after 2013; and (c) the Defendant’s age, character and conduct, environment, health conditions, etc.