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 January 24, 2008, the Defendant received a summary order of KRW 500,000,000 from the Busan District Court's Dong Branch, and KRW 4 million from the Busan District Court on March 8, 2015.

On October 19, 2016, the Defendant driven BM5 car under the influence of alcohol content of about 0.118% at a distance of about 15km from the front of the CU convenience store located in the Do in the Eup/Myeon of the Newananan-gun, Nanan-gun, Nanan-gun, Nanan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-

As a result, the Defendant was a person who has driven a motor vehicle twice or more times, and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the control, the circumstantial report of the driver driving, and the results of the crackdown on drinking;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime applicable to the relevant criminal facts, and the option of a sentence;

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 execution of a sentence shall be suspended in consideration of favorable circumstances, such as the observation of protection, community service order, and order to attend lecture, that there is no record of punishment exceeding fines for the same crime with the same sentencing reasons under Article 62-2 of the Criminal Act, and that there is no wrong record

However, in consideration of the unfavorable circumstances, such as the fact that alcohol concentration in blood is relatively high and the driving distance is relatively high, the person who was punished by a fine for driving under drinking or non-licenseing during the last one year, and the driving of the instant drinking on the day of obtaining the license, etc., an order to observe protection, provide community service, and take lectures in compliance driving.