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

On July 16, 2012, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act, etc. from the Changwon District Court's Busan District Court's branch on July 16, 2012. On February 13, 2015, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act.

On November 14, 2018, at around 23:50, the Defendant driven a C-hurd-hurd-hurd-purd-pur-purd-purd-purg-purg-purg-purg-purged-purged-purg-purged-purged-purg-purged-purg

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as the fact that the defendant, who already had been punished twice or more due to drinking driving, once or more, once again drives a car, is not less vulnerable to the nature of the crime, the blood alcohol concentration ratio of the defendant at the time of detection exceeds 0.149%, and the drinking driving is highly dangerous to harm another person's life, body, etc., and thus, it is necessary to strictly punish the defendant for eradicating the crime.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine due to the same crime, and human and material damage while driving under influence.