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 April 20, 2007, the Defendant received a fine of KRW 2.5 million from the Seoul Eastern District Court as a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2 million from the same court on July 19, 2007 as a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 5 million from the Jung-gu District Court on March 24, 2014 as a crime of violating the Road Traffic Act (dacting driving).

On September 30, 2018, the Defendant driven B automobiles under the influence of alcohol content of about 0.195% from the 1km section of approximately 1km to the 18th road in Seocheon-si, Seocheon-si, Busan Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) around 11:01, the Defendant driven B automobiles with alcohol content of about 402, from the 1km section to the 18th road in Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the situation of the driver under the influence of alcohol, investigation report (report on the situation of the driver under the influence of alcohol), notification on the results of regulating the driving under the influence of alcohol, and the

1. Correspondence to a request for appraisal, a written appraisal of alcohol during blood, and a report on the detection of the driver involved;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Taking into account the fact that the Defendant was sentenced to a fine not less than twice for the same offense, and again committed the crime of driving drinking of this case, and that the amount of alcohol concentration among the blood transfusion of this case reaches 0.195%, the Defendant’s responsibility is not less exceptionally.

However, the main sentence is that the defendant reflects the defendant's mistake, the motive and circumstances of the crime of this case, the contents and degree of the records of the same kind of crime, the circumstances after the crime, and other various conditions of sentencing as shown in the trial, such as the defendant's age, sexual behavior, family relationship, and economic circumstances.