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 11, 201, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Traffic Act at the Busan District Court, and on May 8, 201, the Defendant was issued a summary order of 5 million won by the same court as on May 8, 2012 due to a crime of violating the Traffic Act.

On August 27, 2017, the Defendant, while under the influence of alcohol content of 0.203% in blood around 22:16, driven a BM520 vehicle at the section of about 1 km from the vicinity of the Jeju-gu, Busan-gu, to the front of the GM520 vehicle in the same Dong from the border intersection to the large-scale digging bridge located in the same Dong.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, 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 suspended execution;

1. In addition, despite the previous convictions of fines of the same kind twice the grounds for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures, the sentence has been suspended only once taking into account the Defendant’s age, sex, environment, motive and means of crime, and consequence of crime, etc., and the execution of sentence is suspended only once, taking into account various sentencing conditions as shown in the instant argument, such as the Defendant’s age, sex, environment, motive and means of crime, and circumstances after crime.