A defendant shall be punished by imprisonment for not more than ten 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 April 19, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on the same day, and the same court on July 31, 2013 issued a summary order of 5 million won for the same crime.

On September 16, 2017, at around 00:39, the Defendant driven B B Berc cruise cruises with alcohol content of about 200 meters from the Amin elementary school adjacent to the Busan East-dong, to the lower side road of the said elementary school.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Although there is a history of two criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the liability for the crime is not exceptionally applied due to driving in the state of drinking at the same time, but there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, circumstances leading to the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the following factors: