A defendant shall be punished by imprisonment for not more than ten months.

except that 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 December 20, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 2,00,000 as a fine in the above court on May 27, 2014.

On December 1, 2018, at around 19:40, the Defendant driven a ice car in approximately 2.4 km from the front of the C cafeteria located in Kimhae-si B to the front of the D D D building in Kimhae-si, while under the influence of alcohol of 0.146% of blood alcohol concentration.

As a result, the defendant violated the prohibition of drunk driving at least twice, and once again drives a car while under influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A request for appraisal and a request for appraisal;

1. Reporting on the occurrence of a traffic accident, reporting on the results of the drinking driving control, and reporting on the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving not less than twice);

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 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for discretionary mitigation) was that the Defendant committed a second offense without being aware that he had been punished twice due to drunk driving, and that caused a traffic accident.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The previous section of this case had been sentenced to a fine for the whole three years, and there was no criminal records of this case.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.