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 April 22, 2016, the Defendant has been punished for drinking driving two times or more by a fine of 4.5 million won due to a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on April 22, 2016, and a fine of 2 million won due to a violation of the Road Traffic Act (driving) in the same court on June 23, 2017.

Criminal facts

On April 16, 2019, at around 20:16, the Defendant driven a fnibus vehicle with approximately KRW 300 meters alcohol concentration of 0.06% in a section of approximately 300 meters from the front of the “C” restaurant located in Chungcheongnam-si B to the front of the “E” road located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

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

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes governing summary orders;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime; the choice of a criminal sentence

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, even though the defendant had a relatively recent history of punishment of fines for the same kind of crime, is not that of the crime in that he again commits the crime in this case.

However, the sentencing conditions indicated in the records, such as the fact that the defendant's mistake and reflects, the high level of drinking alcohol in this case, the fact that the drinking water in this case does not reach a traffic accident, the fact that there is no serious criminal record exceeding the fine, and other various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc