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] The defendant is a person who has been sentenced to a suspended sentence of four months on September 7, 2009 for a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court and two years on January 28, 2013 for the same crime and two years on January 28, 2013 for a suspended sentence of six months for the same crime.

[2] On December 24, 2017, the Defendant, who was punished for a violation of the Road Traffic Act (drinking driving) not less than twice, was driving a vehicle with approximately 500 meters of balle B soflurd from the parking lot on the street at the same city and in the same city, under the influence of alcohol level of 0.101% under the influence of alcohol during the influence of alcohol at around 02:30 on December 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. To observe the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, taking into account the defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and various conditions of sentencing as shown in the argument of this case, the punishment as ordered shall be determined.

3. Unfavorable circumstances: The defendant has a majority of criminal records of the same kind, and in particular, circumstances which are favorable to the fact that a suspended sentence due to a drinking driving is two times: the defendant has the ability not to drive drinking again, reflects the depth of the defendant.