A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 1, 2002, the defendant was sentenced to a suspended sentence of two months for the crimes of violation of the Road Traffic Act in the Busan District Court's branch court's imprisonment with prison labor for six months. On April 1, 2004, the defendant was sentenced to a summary order of four million won for the crimes of violation of the Road Traffic Act at the Busan District Court's Busan District Court's on March 9, 2004, and three years of a suspended sentence of eight months for the crimes of violation of the Road Traffic Act at the Busan District Court's on March 8, 2004. The defendant was sentenced to a summary order of three million won for a fine of one million won for the same violation of the Road Traffic Act at the Changwon District Court's branch court's on July 8, 2008. The defendant was sentenced to a summary order of one million won for the same violation of the Road Traffic Act from the Busan District Court's Dong branch's imprisonment with prison labor for one hundred and one hundred thousand won for the same offense of violation of the Road Traffic Act.

Criminal facts

On March 1, 2013, at around 02:35, the Defendant driven Chya car in the state of alcohol with approximately 5 km alcohol concentration of about 0.124% from a section of about 5 km from the principle of the Il-dol in Busan-gun, Busan-gun to the front side of the Tririri-do in the front side of the city of Busan-gun.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act, as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Discretionary mitigation is higher than Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2009).