A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal power] On September 12, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Busan District Court’s branch court’s support on September 12, 2012, and a summary order of KRW 2 million for the same crime in the same court on October 17, 2014, respectively.

【Criminal Facts】

On August 25, 2019, at around 05:45, the Defendant driven a two-wheeled vehicle with approximately KRW 500 meters from the road located in the Busan Suwon-gu B to the front road located in the Busan Suwon-gu D, with a blood alcohol concentration of 0.175%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. The circumstantial statement of the employee;

1. Consent to blood collection and written confirmation;

1. A written appraisal of blood alcohol;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of punishment for a suspect);

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

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

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of the sentence is not only abrupt of itself, but also a crime that can bring the life of an unspecified person, and is highly dangerous.

Even if the defendant was punished for driving under the influence of alcohol even before, he/she is again driving under the influence of alcohol, and his/her criminal liability is not weak.

The defendant's blood alcohol concentration is also very high.

These points are disadvantageous to the defendant.

However, the defendant seems to have led to the confession and reflect of the crime of this case.

The Defendant, while driving a 125CC cliba in a drinking state, shocked the curbstone and street trees.