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 29, 2010, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking) from the Busan District Court on November 29, 2010, and a summary order of four million won for the same crime from the Changwon District Court through the Changwon District Court on September 6, 2016, respectively.

Criminal facts

On February 24, 2018, the Defendant: (a) boarded the E SP car under the influence of alcohol content of 0.171% in blood on the front of the D cafeteria located in C at SP on February 24, 2018, and operated the said vehicle 1m later.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a report on the detection of the driver at home, a report on the circumstances of the driver at home, and an investigation report (report on the circumstances of the driver at home);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous summary order);

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 (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 consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, intends to drive a vehicle in drinking condition.

The accident caused the accident.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and results, shall be determined as ordered by considering the fact that the defendant has no criminal records exceeding the fine, and the defendant's age, sex, condition of health, circumstances leading to the crime