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 history] On April 13, 2007, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of road traffic laws at the Changwon District Court, etc. On May 13, 201, the Defendant was sentenced to a suspended sentence of KRW 2 years for a year due to a violation of road traffic laws (driving), etc. at the same court on May 13, 201. On February 6, 2015, the Defendant was issued a summary order of KRW 7 million with a fine due to a violation of road traffic laws (driving of alcohol), etc. at the Changwon District Court Support.

[2] Although Defendant 1 had three times the record of punishment for driving under drinking, Defendant 2 driven a car with B 100 meters away from the 100-meter section to the front road of lockwon, located in the same Eup/Myeon located in the Hagwon-gun, Hagwon-gun, Hagwon-gun, under the influence of alcohol at around 01:48 on December 24, 2017, while he was under the influence of alcohol at around 01:169%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident;

1. Inquiries about the results of the report on detection of the driver at driving, the report on the circumstances of the driver at driving, the investigation report (the report on the circumstances of the driver at driving), and the control of drinking;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (suspects and confirmations);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The same kind of crime has been punished three times, but it is also possible to cause an accident while driving alcohol.