A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2006, the defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on March 8, 201, a fine of 2 million won for a violation of the Road Traffic Act (driving) in the same court on March 8, 2010, and a fine of 4.5 million won for a violation of the Road Traffic Act (driving) in the same court on August 23, 2010, and in the same court on December 16, 201, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving).

On June 30, 2016, at around 05:25, the Defendant driven a C-burged vehicle under the influence of alcohol level of about 0.153% in a section of about 700 meters from the Do in front of the “herb alcohol” house in the Kimhae-si, and from the Do in front of the border distance in the Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the control of drinking drivers, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime, even though he/she had the record of being sentenced to a fine and a suspended sentence for violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment, and again committed the instant crime. The fact that the blood alcohol concentration level at the time of driving under the influence of alcohol is very high is a reason for sentencing unfavorable to the

However, the defendant is going not to drive under drinking again in the future, the reasons for the favorable sentencing, such as the fact that he/she has no record of punishment after December 16, 201, and the age, character and conduct, motive and means of crime, etc. of the defendant.