A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 27, 2006, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court, and on July 11, 201, the same court issued a summary order of KRW 4 million to a fine for the same crime.

On September 29, 2018, under the influence of alcohol content of 0.138% during blood transfusion, the Defendant driven Cing MKS car at approximately 400 meters in front of each market, on the roads near the bus terminal located in Ulsan-gu Busan-dong, Busan-dong.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol more than twice while driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement, investigation report, and inquiry into the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances described in the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal history to punish the defendant exceeding the fine.

Defendant’s crime of this case is late.

7 years have passed since the date of the last punishment for the same kind of crime.

◎ 피고인에게 불리한 정상은 다음과 같다.

The Defendant again committed the instant crime without being imprisoned despite the fact that the Defendant had three times of punishment for the same kind of crime.

술에 취한 정도가 높다( 혈 중 알콜 농도 0.138%). ◎ 위와 같은 피고인에 대한 여러...