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 January 22, 2009, the Defendant was sentenced to four years of imprisonment for a violation of road traffic law at the Busan High Court, and was issued a summary order of KRW 4 million at the Changwon District Court on April 6, 2015 for the same crime.

On February 20, 2018, the Defendant driven DK 7, while under the influence of alcohol content of about 0.184% in blood, from around 1km to around 20,000, Gyeongnam-gu, Changwon-si, Changwon-si, Changwon-si, Changwon-si, Masan-si to the east of the same coast.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and an appraisal report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 suspension of execution;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has the same record as the defendant, and the drinking volume of this case is relatively high.

However, the punishment shall be determined as ordered by taking into account the fact that one's mistake is recognized and reflected, the details of the crime, driving distance, and the age, occupation, etc. of the defendant.