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

Punishment of the crime

[criminal power] On August 30, 2006, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on June 20, 2007, a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court on September 10, 2008, and a fine of KRW 8 months and suspension of execution for a violation of the Road Traffic Act (driving) at the Busan District Court on September 10, 2008, respectively. On January 24, 2014, the Defendant was sentenced to a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Busan District Court on January 24, 2014.

【Criminal Facts】

Although the Defendant had been punished for drinking twice or more as above, around November 23, 2018, at around 23:10, the Defendant driven a leisure car under the influence of alcohol with approximately 1k alcohol concentration of about 0.105% from the road near Busan Jin-gu, Busan to the road front of the same Gu D market.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Investigation report (the No. 11, 18 of the evidence list);

1. Previous records of judgment: Criminal records, etc., inquiry reports, four copies of the same military power, and one summary order of the same military power shall apply;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the ability to punish the defendant for drunk driving more than seven times, and the two times among which the two times was sentenced to the suspended sentence of imprisonment. In 2009, the defendant was sentenced to imprisonment without a license for driving without prison labor.

As above, the defendant is sentenced to punishment in light of the circumstances where the defendant repeats the same kind of crime and the blood alcohol level of this case exceeds 0.1%.

In this context, the defendant reflects his mistake, and the previous crime of drunk driving is relatively at intervals of time in 2013.