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 March 12, 2014, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court’s Dong Branch Branch, and on March 13, 2015, as a fine of KRW 2,50,00 as a crime of violation of the Road Traffic Act, at the Busan District Court’s Dong Branch, and the Busan District Court’s Dong Branch Branch.

Although the Defendant had had a record of drinking twice or more, the Defendant driven Efacing vehicle at a section of about 100 meters from the building in front of the Busan District captain B, to the front of the D-care center located in the Busan District captain C, while under the influence of alcohol at around 21:40 on November 14, 2018, at around 0.124% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), report on the state of drinking driving, and report on the results of investigation;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is an unfavorable circumstance that the defendant has two criminal records for the reason of sentencing, and that the degree of the taking of such criminal records is not somewhat weak.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the distance of driving is very long.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set