A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On March 19, 2008, the Defendant violated the duty of prohibition on driving under the influence of alcohol two times or more by receiving a summary order of KRW 1.5 million from the Busan District Court Seo branch on May 25, 2017 to the same crime.

On October 13, 2017, around 07:05, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.201% from the 2km section from the 4rd apartment road in Geum-gu, Yangsan-si to the 3rdm of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report on actual conditions, inquiry into the results of crackdown on drinking driving, circumstantial reports on drivers of drinking, and inquiry into the following:

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;