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

On November 19, 2007, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking, etc.) at the Busan District Court's Dong Branch, and on March 20, 2008, a fine of KRW 3 million for a violation of road traffic law (drinking, etc.) at the Busan District Court's Busan District Court's Busan District Court's District Court's Busan District Court's District Court's Busan District Court's Dong Branch's decision on May 1, 2014 and sentenced a fine of KRW 5 million for the same crime.

Criminal facts

On June 18, 2016, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.229% from the road near the CU convenience store located in the CU convenience store located in the Gangseo-gu Busan Metropolitan City to the front road of the apartment house.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same criminal suspect's records), two copies of summary order, and two copies of the judgment, and the application of two copies of the judgment;

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 reasons for sentencing in Article 62-2 of the Criminal Act for the defendant of the order to provide community service and to attend a law-abiding lecture are serious in light of the fact that the defendant again committed the instant crime despite the previous convictions of the same kind, and that the blood alcohol concentration level is high.

However, the punishment as ordered shall be determined by taking into consideration all the normal materials revealed in the trial process, such as the defendant's confession and the fact that the criminal defendant does not repeat again, the criminal records of the same kind does not have any criminal records exceeding the fine, the defendant directly supports his/her child, the defendant's age, occupation, etc.