A defendant shall be punished by imprisonment for not more than ten 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

At the port branch of the Daegu District Court on January 30, 2008, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act (driving), etc. on May 28, 2008; two years of suspended execution in June of the same year; and on March 2, 2011, the same court received a fine of KRW 3 million for the same crime.

피고인은 2015. 2. 10. 22:34경 포항시 북구 장성동에 있는 장성고등학교 앞 도로에서부터 같은 구 양덕동에 있는 ‘서가앤쿡’ 식당 앞 도로까지 약 500m 구간에서 혈중알코올농도 0.165%의 술에 취한 상태로 C 카렌스 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act have five times the criminal records of punishment for the same kind of crime including probation, probation, probation, and order to attend a lecture, and the criminal records are heavy in light of the fact that the criminal defendant has several records of punishment, and drinking water is high.

However, it does not cause a traffic accident due to drinking driving, and the defendant disposes of a vehicle driven by each mistake that he/she would not drive under the influence of alcohol while against his/her mistake, and the defendant plays a substantial role in supporting his/her cohabiting woman, his/her children, and her mother, and when he/she is detained by the defendant, he/she can involve an excessive difficulty with her dependants, while the defendant has a certain occupation, and thus his/her social relation is a social relationship with the defendant.