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

Punishment of the crime

On July 16, 2008, the Defendant was sentenced to a suspended sentence of 3 years for the crimes of violation of the Road Traffic Act at the Busan District Court on October 10. On July 26, 2012, the Defendant was sentenced to a suspended sentence of 1 year for the same crimes in the Busan District Court's Dong Branch.

At around 05:20 on October 12, 2015, the Defendant driven Dworka car from approximately 3km from the Defendant’s house located in Busan Heung-gu C to the front road of the Dongdong-dong Culture Center at the same end, while under the influence of alcohol of 0.091% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. In addition, even though a suspended sentence was sentenced twice due to a driving under the conditions unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Code for discretionary mitigation, there is a history of being subject to criminal punishment several times due to a driving under normal influence unfavorable to the reasons for sentencing, and in addition, even though a suspended sentence was sentenced twice due to a driving under the influence of alcohol, there is no awareness of compliance with the regulations on the prohibition of driving under the influence of alcohol, and thus there is a need for strict punishment. In addition, the frequency of drinking alcohol is less than 0.1% by taking into account the Defendant’s age, health status, character and behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence is