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

[criminal record] On May 26, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court, and on June 3, 2014, issued a summary order of KRW 2 million for the same crime at the Busan District Court, and on February 2, 2015, issued a summary order of KRW 6 million for the same crime at the Changwon District Court.

[2] On April 1, 2018, the Defendant, who was punished for a violation of the Road Traffic Act (drinking driving) not less than twice, was driving a car with approximately KRW 70 meters B 10 meters from the road front of the funeral ceremony at the treatment hospital, which was under the influence of alcohol of about 0.206% during the influence of alcohol at around 00:24 on April 1, 2018 to the same 3-10-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and on-site photographs;

1. Previous convictions in judgment: Investigation report (verification of the history of punishment for drunk driving at least twice) and application of Acts and subordinate statutes making inquiries about criminal history data;

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. Taking into account the fact that the protection and observation and the sentencing of Article 62-2 of the Criminal Act of the community service order is highly high in alcohol level among the blood of the accused and that there has already been records of being sentenced to a fine of three times due to driving of drinking;