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

[Criminal Power] On June 28, 201, 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 (driving). On August 12, 2015, the same court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 22, 2018, around 02:56, the Defendant driven a clater vehicle under the influence of alcohol of about 0.104% in the section of approximately 2km from the 10km away from the front of the boarding house located in the Seocho-si, Changwon-si, Busan to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of violation of the Road Traffic Act and report on the circumstantial statement of the driver concerned;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he/she had a record of punishment several times due to drinking driving, was driving under drinking, and in light of the circumstances of the discovery of this case, the defendant seems to have driven under the influence of drinking.

On the other hand, the defendant reflects his fault in depth, and the defendant has no record of being sentenced to imprisonment without prison labor or a heavier punishment for the violation of the Road Traffic Act.

The sentence shall be determined as per Disposition, comprehensively taking into account such circumstances, the Defendant’s age, happiness and health condition, the background of the instant crime, the circumstances after the instant crime, etc., and all the sentencing conditions indicated in the records.