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 March 23, 2012, the Defendant received a summary order of a fine of three million won or more for a crime of violating the Road Traffic Act at the Changwon District Court on March 23, 2012, and a summary order of three million won or more for a crime of violating the Road Traffic Act (driving) at the same court on December 9, 2013, respectively.

Although the Defendant had been punished twice or more due to drinking driving, on July 9, 2017, at around 03:57, the Defendant driven BM5 car under the influence of alcohol level of about 0.174% in a 30-meter radius from the roads near the beach of the Shipping Zone located in the Busan High-gu Do, Busan, Busan, to the roads located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on quasi-driving, statement of the circumstances of driving at home, investigation report (report on the circumstances of the driver at home);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report accompanied by a copy of the same summary order), and application of Acts and subordinate statutes of each summary order;

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 community service order and the fact that the defendant's main record of sentencing is not less than that of the defendant, and that the defendant has two identical criminal records, etc. are disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

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.