A defendant shall be punished by imprisonment for not less than nine 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 March 16, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court on March 16, 2009, and on November 9, 2009, received a summary order of KRW 1 million as a fine by the same court.

On September 13, 2018, at around 17:30, the Defendant driven a DNA cargo vehicle under the influence of alcohol 0.174% in the section of about 55 km from the Do in front of the Defendant’s residence, to the vicinity of the C market at Mayang-si.

As a result, the Defendant, who violated the regulations on prohibition of drunk driving at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Evidence and photographs of the traffic accident;

1. Video CDs;

1. Previous records of judgment: Criminal records, etc. inquiry reports, copies of written judgments (No. 2008 High Court Decision 7667) and copies of summary orders (No. 2009 High Court Decision 437955) shall apply;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent recidivism shall be determined by taking into consideration the following circumstances: (a) favorable circumstances, such as the defendant’s misjudgments against his/her own misconduct; (b) the defendant’s blood alcohol concentration at the time of committing the crime; and (c) unfavorable circumstances, such as the defendant’s blood alcohol concentration at the time of committing the crime; and (d) his/her age, family environment; (b) the time interval between the criminal defendant and the criminal record of the instant crime; and (c) the circumstances after committing the instant crime, etc.