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 June 24, 2015, the Defendant was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) in the Busan District Court’s Busan District Court’s Branch, and on October 14, 2015, issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) by the same court.

On April 5, 2019, at around 14:55, the Defendant driven a motor vehicle with Cromatic alcohol concentration of about 0.171% in the section from around 5km to the front of the same city, from around 14:55, the Defendant driven a vehicle with Cromatic alcohol concentration of about 0.171% in the section of about 5km.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state of standing, and report on the state of drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports by the prosecutor, and application of two copies of judgment-making Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The defendant was sentenced to a fine of eight million won for the crime of violation of the Road Traffic Act (not in the after-accident) and the Road Traffic Act (not in the after-accident) in 2015, and was sentenced to a summary order of five million won for the crime of violation of the Road Traffic Act (not in the after-accident) and the violation of the Road Traffic Act (not in the same year).

Nevertheless, the Defendant: (a) committed the instant crime again; (b) stopped while driving under the influence of alcohol; (c) opened the door of a witness; and (d) opened the door of the vehicle; and (c) the police officer called out upon receiving a report to the effect that he did not drive the vehicle.