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 September 22, 2006, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch, and a summary order of three million won or more as a crime of violating the Road Traffic Act (drinking driving) in the same court on October 17, 2013, respectively.

Although the Defendant had been punished for drinking two or more times, on February 28, 2017, the Defendant driven Bone Star Do Cargo with approximately 0.129% alcohol concentration in the blood alcohol level from the front of the plane captain market in the Busan-gun-gun, Busan-gun, to the front of the road in the same Eup/Myeon to the road in the same Eup/Myeon.

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 driving;

1. Previous conviction: Application of Acts and subordinate statutes of each summary order, such as a written reply to inquiry, investigation report (report attached to the same type of summary order), and application of inquiry, such as criminal history;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's main record of sentencing is not less light, and that the defendant can have the same criminal record.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.