A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 11, 2010, the Defendant received a summary order of KRW 2.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on June 11, 2013 to a fine for the same crime.

On September 5, 2016, at around 01:37, the Defendant driven a B B benri vehicle with a blood alcohol concentration of about 0.194% in the section of about 2 km from the road near the Grand hotel located in the Don-dong, Busan, Busan, to the said Don-dong.

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by summary orders of the same kind of power);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit the instant crime, and the circumstances before and after the instant crime, etc. shall be determined as ordered by taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

Unfavorable circumstances: The defendant's crime of this case is highly likely to be criticized because he/she committed the crime of this case without being subject to two times or more of criminal punishment for the same crime.

The defendant seems to have significantly increased the risk of traffic accidents due to the very heavy influence of alcohol.

The defendant recognized the crime of this case.

A defendant shall be subject to criminal punishment for the same crime.