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 May 17, 201, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on May 12, 2014, issued a summary order of KRW 4 million as a fine at the Busan District Court for the same crime.

On December 31, 2018, around 20:35, the Defendant driven D SP car while under the influence of alcohol content of 0.170% at the 15m section prior to the “C” restaurant located in Syang City B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, each report on the control results of drinking driving, and response to requests for appraisal; and

1. An investigation report and a report on internal investigation (the closure of physical damage inflicted upon a driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, confirmation of criminal records, and application of Acts and subordinate statutes of four copies of summary orders;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the Defendant had been punished for the same kind of crime, he did not seem to have been able to open the crime of this case, and that a traffic accident among the crimes of this case occurred, it is recognized that the necessity for the Defendant to be punished with strict punishment is recognized.

However, in consideration of all kinds of sentencing conditions, such as the fact that the defendant repents his mistake, the fact that there is no heavy penalty power imposed on the defendant exceeding the fine, and the fact that physical damage caused by traffic accidents seems to be agreed upon, the punishment as ordered shall be determined.