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 January 4, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court, and on January 13, 2009, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the same court on January 13, 2009, and on August 8, 2013, the Defendant was issued a summary order of KRW 3 million for the same crime at the Changwon District Court's Jinju branch on the same day, and has the ability to drive drinking more than twice.

On December 20, 2017, at around 18:35, the Defendant driven B-low-income vehicle under the influence of alcohol content of about 2 km from the front of the mutual influence restaurant located in the Northern-dong, Busan, to the front road of the bus stop for the new apartment complex located in the Busan, Dong-gu, Busan, to the front road of the bus stop for the new apartment complex located in the Busan, Dong-dong, while under the influence of alcohol content of 0.154%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. Previous conviction: Application of an inquiry letter, text of judgment, and each summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. The fact that an order of community service and an order to attend a lecture violated three times the provision on prohibition of drinking driving on the grounds of sentencing under Article 62-2 of the Criminal Act, and that a substitute accident occurred while blood alcohol concentration is high is disadvantageous to the Defendant.

However, considering the favorable circumstances in which the defendant recognized the crime of this case and reflected his mistake, the sentencing conditions in the process of the trial of this case, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., shall be determined in full view of all of the sentencing conditions in the process of the trial of this case.