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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 7, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at a water source method source, and a fine of KRW 6 million for the same crime at the same court on April 22, 2015, respectively.

On August 10, 2016, at around 04:36, the Defendant driven a balpted car with alcohol content of about 300 meters from the front road of the town complex located in Osan-si, Busan-si to the front road of the 516 Osan-si unit from around 300 meters away from the 300-meter section to the 0.206% of alcohol content.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement prepared in C;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. An inquiry report, such as criminal history;

1. Application of Acts and subordinate statutes to investigation reports (former and attachment of judgment);

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 (including circumstances favorable to the examination in the following cases);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is that the crime of this case constitutes an unfavorable condition against the defendant, although the defendant had been punished twice due to drinking driving, it is the case of driving a motor vehicle under the influence of alcohol with a maximum alcohol content of 0.206% due to drinking, and the nature of the crime is not good, the defendant's blood alcohol concentration is high, and the defendant causes physical damage due to shock of the cargo parked, and the defendant has the history of being punished three times due to the same type of crime, such as the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act (unlicensed driving). On the other hand, other favorable conditions such as the defendant's absence of the history of punishment exceeding the fine are considered.