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

Punishment of the crime

On September 25, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court's Dong Branch, and on June 18, 2014, the Defendant was sentenced to a suspended sentence of KRW 2 years for a crime of violating the Road Traffic Act in the same court. On May 20, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act. On October 2, 2015, the said suspended sentence became final and conclusive on October 6, 2015, and the execution of the final sentence was terminated in the prison on April 7, 2016.

Although the Defendant had the record of violating drinking driving on more than two occasions, on November 27, 2017, around 12:52, the Defendant driven the CEAVV 124cccala in a state of under the influence of alcohol with approximately 0.184% alcohol content from the 1km section from the ice on the road in the Jung-gu, Busan Metropolitan City to the roads in front of the SCE in the same location.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of an inquiry letter, summary order, etc., personal acceptance status, output of the case search screen paper, such as criminal history, etc.;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Although Articles 53 and 55 subparag. 1 subparag. 3 (the following favorable circumstances) of the Criminal Act recognize and reflects errors in sentencing, the punishment as ordered is determined by comprehensively taking account of the Defendant’s age, sex behavior, environment, circumstances leading to the commission of the crime, circumstances after the commission of the crime, etc., while the crime in this case was committed without being aware of during the period of the same repeated crime.