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

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

Punishment of the crime

On March 10, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court on March 10, 2008, and a fine of 3 million won as a same crime at the Ulsan District Court on May 4, 2016.

Although the Defendant had been punished as a crime of violating the Road Traffic Act more than twice as above, on July 30, 2017, at around 05:31, the Defendant driven a BNF cattle or other car under the influence of alcohol with approximately 0.224% of alcohol concentration from the Dora apartment located in the 3-dong, Busan-gu, Busan-do to the 2-gate in the Greensan-dong, Gangseo-gu, Busan-do to approximately 17.72km.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for appraisal, reply to request for appraisal, and inquiry about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, despite the previous convictions of fines of the same kind twice the grounds for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures, the sentence has been suspended only once taking into account the Defendant’s age, sex, environment, motive and means of crime, and consequence of crime, etc., and the execution of sentence is suspended only once, taking into account various sentencing conditions as shown in the instant argument, such as the Defendant’s age, sex, environment, motive and means of crime, and circumstances after crime.