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

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

Criminal facts

On July 24, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Traffic Act at the Busan District Court, and a summary order of KRW 4 million for a crime of violating the Traffic Act at the same court on May 12, 2014, respectively.

On June 18, 2018, while under the influence of alcohol leveling to 0.320% among blood transfusion around 08:00, the Defendant driven a DNA cargo vehicle at approximately 5.5 km away from the road in front of the dwelling site of the Defendant in Gyeong-gun, Gyeong-gun, Gyeongnam-gun, with approximately 0.320% alcohol level.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the above provision, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of two copies of a reply to inquiry, investigation report (the previous confirmation of the previous personal history), and summary order, such as criminal history;

1. Article 148-2(1)1 and Article 444(1)1 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) on criminal facts

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend a lecture has the record of being punished by a fine for a violation of the Road Traffic Act on two occasions.

However, as the Defendant committed the same crime by putting the gold driving vehicle again while taking advantage of the blood alcohol concentration of 0.320% among the blood transfusions with a very high degree, it is inevitable to sentence imprisonment to the Defendant as it is difficult to achieve the purpose of punishment any more.

Therefore, the sentence of imprisonment is to be imposed within the scope of the applicable sentence (6 months to one year and six months) of the crime in the judgment.

However, the defendant's confession and reflects the crime, and the defendant's person.