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.

Punishment of the crime

[criminal history] On September 21, 2009, the Defendant issued a summary order of KRW 1 million at the Busan District Court for a violation of the Road Traffic Act (drinking driving), KRW 3 million on January 10, 201, and KRW 5 million on September 12, 2013 at the Changwon District Court for a violation of the Road Traffic Act (drinking driving), respectively, on September 12, 2013.

[2] On February 26, 2017, at around 19:45, the Defendant driven BK7 vehicles under the influence of alcohol content of about 0.120% from the day before a mutually influent restaurant located in Yangsan-si, Busan Metropolitan Government, to the river located in the Busan Metropolitan City, Daegu Metropolitan City, and the river under the influence of alcohol content of about 20km of approximately 0.120 meters from the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment to the summary order of the case of driving the same kind of drinking alcohol), application of the Acts and subordinate statutes governing summary orders;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include a large number of records of violation of road traffic laws, such as driving of five times in the past, taking measures not to be taken once an accident, four-time unauthorized driving, etc. against the accused for the reasons for sentencing, such as the duty to observe and attend education, and the fact that alcohol concentration in the blood during the driving of the instant drinking is considerably high, the driving distance is the long distance, and all other reasons for sentencing indicated in the instant case, as indicated in the Disposition.